Judge: Serena R. Murillo, Case: 21STCV35466, Date: 2023-03-03 Tentative Ruling

Case Number: 21STCV35466    Hearing Date: March 3, 2023    Dept: 29

TENTATIVE

Defendants’ motion to continue trial is CONTINUED.

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

Code of Civil Procedure Section 1005(b) provides that “[u]nless otherwise ordered or specifically provided law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.”  “[I]f the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice shall be increased by two calendar days.”  (Code Civ. Proc. § 1005(b).)

On February 10, 2022, Defendant served by facsimile machine the instant Motion.  To comply with the statutory requirements for notice, including the two calendar days for facsimile transmission, the earliest date the Court could hear this Motion would be March 10, 2023.  As such, Defendants did not comply with the requisite notice period. 

Thus, Defendants’ Motion is CONTINUED.   

Conclusion

Accordingly, the motion to continue trial and all related deadlines is CONTINUED to March 14, 2023 at 1:30 pm.

Moving party is ordered to give notice.