Judge: Serena R. Murillo, Case: 21STCV45999, Date: 2023-04-11 Tentative Ruling

Case Number: 21STCV45999    Hearing Date: April 11, 2023    Dept: 29

TENTATIVE

Defendant's unopposed motion to continue trial and related dates is GRANTED. Trial is continued to January 24, 2024 at 8:30 a.m.; FSC January 11, 2024 at 10:00 a.m. All motion and discovery 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

Defendant moves to continue trial and all other related deadlines, arguing good cause exists because although the parties have proceeded diligently with discovery, and have completed considerable written discovery and the deposition of Defendant’s forklift driver, Defendant and Plaintiff have reached an impasse regarding a discovery dispute involving Plaintiff’s deposition and whether he can be compelled to appear in person, as Defendant contends. Accordingly, Defendant has reserved an Informal Discovery Conference to occur on June 15, 2023, which was the first available date. Defendant has also reserved a hearing on a Motion to Compel Plaintiff’s Deposition on November 16, 2023, to address this discovery dispute in the event it cannot be resolved during the IDC. Both hearings are after the currently scheduled trial date. Further, all parties agree to a continuance.

The Court finds there is good cause to continue trial as defense counsel still needs to conduct discovery, and the IDC and the motion to compel the deposition are set after the trial date in this matter due to the Court’s congested calendar. Further, it appears all parties agree to trial continuance. Thus, the motion is granted. Trial is continued to January 24, 2024. 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.  All motion and discovery cutoff dates shall be based on the new trial date.

Moving party is ordered to give notice.