Judge: Serena R. Murillo, Case: 21STCV38507, Date: 2023-02-15 Tentative Ruling

Case Number: 21STCV38507    Hearing Date: February 15, 2023    Dept: 29

Defendant’s motion to continue trial is GRANTED. Trial is continued to October 11, 2023. All discovery and motion cut-off 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 a date six months from the date currently set. Defendants argue there is good cause to continue because they have only answered Plaintiff’s Complaint on March 15, 2022, and Defendants still need to conduct further written discovery. Further, Defendants are trying to obtain Plaintiff’s Independent Medical Examination (IME) and contend additional time is needed to obtain Plaintiff’s Independent Medical Examination and the subsequent IME report. Further, Defendants do not have Plaintiff’s full and complete medical records, and Plaintiff’s medical records have not been reviewed by a medical professional. Defendants will be prejudiced, and irreparable harm will occur if the trial date and all related discovery dates in this matter are not continued.

The Court finds there is good cause to continue trial. First, Defendants have only appeared in this case as of a year ago. Moreover, granting the continuance will allow Defendants to engage in further discovery, as it has not been completed. While Plaintiff argues good cause has not been shown, the Court finds that the need to conduct discovery is good cause. Further, Plaintiff has not argued that she would be prejudiced by a trial continuance. Rather, Defendants would be prejudiced by going to trial unprepared. Lastly, this is the first trial continuance. Thus, the motion is granted. Trial is continued to October 11, 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 Trial is continued to October 11, 2023. All discovery and motion cut-off dates shall be based on the new trial date.

Moving party is ordered to give notice.