Judge: Serena R. Murillo, Case: 21STCV32735, Date: 2023-01-05 Tentative Ruling

Case Number: 21STCV32735    Hearing Date: January 5, 2023    Dept: 29

TENTATIVE

Defendants’ motion to continue trial is granted.

Trial is continued to __________, 2023.  All trial related dates will be continued consistent with the new trial date including all discovery deadlines.

Legal Standard

Rule of Court 3.1332 authorizes a trial continuance on an affirmative showing of good cause.  Pursuant to Rule 3.1332(d), in ruling on an application or motion for continuance, the court must consider “[t]he proximity of the trial date; [w]hether there was any previous continuance, extension of time, or delay of trial due to any party; [t]he length of the continuance requested; . . . [t]he prejudice that parties or witnesses will suffer as a result of the continuance; . . . [w]hether all parties have stipulated to a continuance; [w]hether interests of justice are best served by a continuance; and [a]ny other relevant facts.”

Discussion

Here, Defendant was unable to complete basic discovery due to Plaintiff’s delay in serving the complaint and discovery responses; Defendant was unable to obtain material evidence.  (Rai Decl. ¶¶ 3-6.)  If granted, this would be the first continuance in this case.   (Motion p. 5.)  Plaintiff will not be prejudiced if a continuance is granted, but Defendant would be prejudiced if the Court did not grant a continuance.  (Motion p. 5.)  Pursuant to Rule 3.1332(d), all of these factors favor a grant of the continuance.

Defendant requests a continuance of at least six months.  (Rai Decl. ¶¶ 8-9.)  Even though the circumstances give rise to a continuance, in the Court’s discretion, a six-month continuance is excessive.

Conclusion

Accordingly, Defendants’ motion to continue trial is granted.

Trial is continued to __________, 2023.  All trial related dates will be continued consistent with the new trial date including all discovery deadlines.

Moving party is ordered to give notice.