Judge Serena R. Murillo, Case 21STCV46844 2023-03-08 Tentative Ruling

Judge: Serena R. Murillo, Case: 21STCV46844, Date: 2023-03-08 Tentative Ruling

Case Number: 21STCV46844 Hearing Date: March 8, 2023 Dept: 29

TENTATIVE

Defendant Uber Technologies, Inc.’s Motion to Continue Trial and Related Dates is GRANTED. Trial is continued from June 22, 2023 to January 26, 2024 at 8:30 a.m. in Department 29 of Spring Street Courthouse. FSC is set for January 12, 2024 at 10:00 a.m. All trial-related dates and deadlines are continued in accordance with the new trial date.

Legal Standard

Trial dates are firm to ensure prompt disposition of civil cases.¿ (Cal. Rules of Court, rule 3.1332, subd. (a).)¿ Continuances are thus generally disfavored.¿ (Cal. Rules of Court, rule 3.1332, subd. (b).)¿ Nevertheless, the trial court has discretion to continue trial dates.¿ (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.)¿ Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause.¿ (Cal. Rules of Court, rule 3.1332, subd. (c); Hernandez, supra, 115 Cal.App.4th at 1246.)¿ Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) the unavailability of a party due to death, illness, or other excusable circumstances; (3) the unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) the substitution of trial counsel where there is an affirmative showing that the substitution is required in the interests of justice; (5) the addition of a new party if (A) the new party has not had a reasonable opportunity to conduct discovery and prepare for trial, or (B) the other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party’s involvement in the case; (6) a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.¿ (Cal. Rules of Court, rule 3.1332, subd. (c).)¿¿

The court must also consider such relevant factors as: (1) the proximity of the trial date; (2) whether there was any previous continuance, extension of time, or delay of trial caused by 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.¿ (Cal. Rules of Court, rule 3.1332, subd. (d).)¿

Discussion

Defendant Uber Technologies, Inc. (“Defendant Uber”) presently moves for an Order continuing the trial date in the present action for approximately seven (7) months, from Thursday, June 22, 2023 to Friday, January 26, 2024, pursuant to California Rules of Court, rule 3.1332, subdivision (c)(6). (Cal. Rules of Court, rule 3.1332, subd. (c)(6).)

The Court concludes Defendant has demonstrated good cause warrants a continuance of the trial date, pursuant to California Rules of Court, rule 3.1332, subdivision (c)(6). (Cal. Rules of Court, rule 3.1332, subd. (c)(6).) The trial date in the present action is scheduled for June 22, 2023. Defendant Uber appeared in this action only six (6) months before the trial date, on approximately November 30, 2022. (Walshok Decl., ¶ 4.) While Defendant Uber and Plaintiff have exchanged written discovery, Defendant is still awaiting receipt of Plaintiff’s initial discovery responses. (Ibid.) Additionally, Defendant Marquez similar appeared in this action during the same time period as Defendant Uber, on approximately November 4, 2023. The parties have not had an opportunity to conduct party depositions, independent medical examinations, or subpoena the production of medical records. (Walshok Decl., ¶¶ 4, 6.) The Court observes, pursuant to the “Stipulation to Continue Trial” filed by Defendant, all parties—including Plaintiff, Defendant Uber, and Defendant Marquez—are in agreement to continue the trial date in the instant action to permit the completion of discovery. (Id., ¶ 5, Ex. A.) The parties’ additionally agree all statutory deadlines should be continued in conjunction with the newly assigned trial date. (Ibid.) Based on the foregoing, the Court concludes good cause warrants a continuance of the trial date, pursuant to California Rules of Court, rule 3.1332, subdivision (c)(6). (Cal. Rules of Court, rule 3.1332, subd. (c)(6).)

Conclusion

Defendant Uber Technologies, Inc.’s Motion to Continue Trial and Related Dates is GRANTED.

Moving party is ordered to give notice.