Judge: Serena R. Murillo, Case: 21STCV41088, Date: 2023-03-13 Tentative Ruling

Case Number: 21STCV41088    Hearing Date: March 13, 2023    Dept: 29

TENTATIVE

The motion to continue trial and related dates is GRANTED. Trial is continued to November 8, 2023 at 8:30 a.m.; FSC October 30, 2023 at 10:00 a.m..  

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

Defendant moves to continue trial and all other related deadlines for six months. Defendant argues there is good cause to continue the trial date because Plaintiff has failed to respond to Defendant’s written discovery so Defendant will need to file motions to compel, then Defendant will need to take the Plaintiff’s depositions, likely conduct additional discovery based on Plaintiff’s written discovery responses, take a medical examination of Plaintiff, retain expert(s) and prepare for trial.

The Court finds there is good cause to continue trial as defense counsel still needs to conduct discovery, and the motions to compel Plaintiff’s initial responses to discovery are set after the current trial date. Further, Plaintiff has not opposed this motion, and thus, it does not appear Plaintiff would be prejudiced by a continuance. Further, there have been no trial continuances. As such, Defendant’s motion is granted. Trial is continued to November 8, 2023. All motion and discovery cutoff dates shall be based on the new trial date.

Conclusion

Accordingly, the motion to continue trial and related dates is GRANTED. Trial is continued to November 8, 2023.  Motion and discovery deadlines to follow new trial date. 

Moving party is ordered to give notice.