Judge: Serena R. Murillo, Case: 21STCV32637, Date: 2023-01-31 Tentative Ruling
Case Number: 21STCV32637 Hearing Date: January 31, 2023 Dept: 29
TENTATIVE
The unopposed motion continue trial is GRANTED. Trial is continued to September 25, 2023. Discovery and motions cutoff dates shall be based on the new trial date.
Legal Standard
California Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).)
Other relevant considerations may include: “(1) The proximity of the trial date; [¶] (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party; [¶] (3) The length of the continuance requested; [¶] (4) The availability of alternative means to address the problem that gave rise to the motion or application for a continuance; [¶] (5) The prejudice that parties or witnesses will suffer as a result of the continuance; [¶] (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; [¶] (7) The court's calendar and the impact of granting a continuance on other pending trials; [¶] (8) Whether trial counsel is engaged in another trial; [¶] (9) Whether all parties have stipulated to a continuance; [¶] (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and [¶] (11) Any other fact or circumstance relevant to the fair determination of the motion or application.” (Id., Rule 3.1332(d).)
Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings. In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates. (Code Civ. Proc. § 2024.050.)
Discussion
Defendant moves to continue trial for a period of 180 days, arguing that good cause exists because non-essential defendants are still being dismissed, further discovery is being conducted and fruitful settlement talks are being discussed. The defendants have gone through several extensive mergers, sale of assets and entity changes. Therefore, some of these defendants are non-existence or are no longer associated with the incident, and the parties are still investigating and discussing a stipulation regarding the dismissal of these defendants. Further, the parties stipulate to a trial continuance.
The Court finds there is good cause to continue trial. Granting the continuance will allow the parties to engage in discovery, and investigate the case further. Moreover, the Court notes that Defendant Arco has only appeared in this case in June of 2022. Lastly, it appears all parties agree to a trial continuance and thus, no party would be prejudiced by one. As such, trial is continued to September 25, 2023. All discovery and motion cut-off dates shall be based on the new trial date.
Conclusion
Accordingly, the motion to continue trial is GRANTED. Trial is continued to September 25, 2023. Discovery and motions cutoff dates shall be based on the new trial date.
Final Status Conference is set for 09/11/2023 at 10:00 AM
Moving party is ordered to give notice.