Judge Serena R. Murillo, Case 21STCV33223 2023-02-03 Tentative Ruling

Judge: Serena R. Murillo, Case: 21STCV33223, Date: 2023-02-03 Tentative Ruling

Case Number: 21STCV33223 Hearing Date: February 3, 2023 Dept: 29

TENTATIVE

The unopposed motion continue trial is GRANTED. Trial is continued to July 13, 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

Defendants move to continue trial to July 12, 2023, or a later date, arguing that good cause exists because despite diligent efforts to conduct discovery, Defendants will not be able to complete all necessary discovery in order to be prepared for the current March 8, 2023 trial date, including out of state independent medical examinations (IME) of Plaintiff. Second, there exists an outstanding disagreement among the parties regarding a neuropsychological IME of Plaintiff. Third, Plaintiff identified in written discovery that she has treated for a series of complex injuries and symptoms, thirty-seven separate issues to be exact, stemming from her alleged injuries from the subject incident that forms the basis of her Complaint. Plaintiff identified medical providers in three states, including the Mayo Clinic located in Rochester, Minnesota. Defendants diligently subpoenaed Plaintiff's medical, billing and radiological records, which have been slow to arrive from out of state. Defendants were advised that the Mayo Clinic will not comply with a subpoena without an executed HIPAA authorization signed by Plaintiff. To date, Plaintiff's Counsel has not returned any communications regarding this outstanding issue, and Plaintiff has not provided the required signed authorization so that Defendants' may obtain all of Plaintiff's relevant records. There have been no previous trial continuances in this matter.

The Court finds there is good cause to continue trial. Granting the continuance will allow Defendants to engage in discovery, as it has not been completed. Moreover, the Court notes that Defendants only appeared in this case a little over year ago, on January 7, 2022. Lastly, it does not appear that any party would be prejudiced by a trial continuance, and Plaintiff has not filed an opposition contending otherwise. Lastly, this is the first trial continuance. As such, the motion is granted. Trial is continued to July 13, 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 July 13, 2023. Discovery and motions cutoff dates shall be based on the new trial date.

The Non-Jury Trial scheduled for 03/08/2023 is continued to 07/13/2023 at 08:30 AM in Department 29 at Spring Street Courthouse.

The Final Status Conference scheduled for 02/22/2023 is continued to 06/29/2023 at 10:00 AM in Department 29 at Spring Street Courthouse.

Moving party is ordered to give notice.