Judge: Serena R. Murillo, Case: 21STCV34645, Date: 2023-09-12 Tentative Ruling

Case Number: 21STCV34645    Hearing Date: October 23, 2023    Dept: 31

TENTATIVE

The unopposed motion to continue trial and related deadlines is GRANTED. Trial is continued to July 9, 2024 at 10:00 a.m., Final Status Conference June 26, 2023 at 9:00 a.m.. Discovery and motion 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/Cross-Complainants move to continue trial to July 9, 2024 or later, arguing that good cause exists because Defendants’ new counsel has been unable to obtain and critical documents exchanged in this action, obtain material evidence, conduct further discovery, and to secure the testimony of key third-party witnesses—following Cross-Complainants’ former counsel’s abrupt withdrawal from this action on August 15, 2023, despite Cross-Complainants diligent efforts. Moreover, and due to the aforesaid unanticipated withdrawal of counsel, Cross-Complainants were forced to locate and secure new counsel on September 1, 2023, and since then, have been diligently and vigorously attempting to secure Cross-Complainants complete and voluminous case file, but to no avail. The foregoing impediments and disruptions, coupled with Cross-Defendants ongoing efforts to continue litigating their claims and defenses—without any temporary or transitory cessation, to allow Cross-Complainants new counsel of record to come up to pace with the voluminous documents and records exchanged over the course of two years—have further impacted Cross-Complainants ability to obtain essential testimony, documents, or other material evidence, despite Cross-Complainants diligent efforts.

Plaintiffs do not oppose the trial continuance in their opposition.

The Court finds there is good cause to continue trial due to Cross-Complainants’ inability to obtain essential testimony, documents, or other material evidence, despite Cross-Complainants diligent efforts. Further, as Plaintiffs do not oppose, they would not be prejudiced by a continuance. Thus, the motion to continue trial and related deadlines is granted. Trial is continued to July 9, 2024.

The Court notes that Defendants/Cross-Complainants’ request to strike in their reply is improper. Any motion in addition to the motion to continue trial must be separately filed, and noticed pursuant to CCP section 1005(b).

Conclusion

Accordingly, the unopposed motion to continue trial and related deadlines is GRANTED. Trial is continued to July 9, 2024. Discovery and motion cutoff dates shall be based on the new trial date.

Moving party is ordered to give notice.