Motion to Continue Trial filed by Defendant Fraud Fighters, Inc. 

TENTATIVE

The unopposed motion to continue trial is granted. Trial is continued to January 9, 2024.

Legal Standard

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).) 

Discussion

Defendant moves to continue trial, arguing the first available hearing on its Motion for Summary Judgment (MSJ) is on November 17, 2023, which is seven and half months after the current trial date. It argues that Defendant will suffer irreparable harm if the Court does not hear and determine its MSJ (or Summary Adjudication) after it is timely served and filed. This motion to continue is necessary as the Court’s existing calendar does not allow for Defendant’s MSJ to be heard on February 21, 2023, which is the last date for its MSJ to be heard pursuant to Code of Civil Procedure section 437c(a), absent court order.

The Court finds there is good cause to continue trial as the MSJ hearing is after the current trial date due to the Court’s congested calendar. Further, no party has opposed this motion, and thus, it does not appear they would be prejudiced by a continuance. Thus, the motion is granted. Trial is continued to January 9, 2024.

Conclusion

Accordingly, the unopposed motion to continue trial is GRANTED. Trial is continued to January 9, 2024.

Moving party is ordered to give notice.