Judge Serena R. Murillo, Case 22STCV00082 2023-03-15 Tentative Ruling

Judge: Serena R. Murillo, Case: 22STCV00082, Date: 2023-03-15 Tentative Ruling

Case Number: 22STCV00082 Hearing Date: March 15, 2023 Dept: 29

TENTATIVE

The motion to continue trial and related dates is GRANTED. Trial is continued to April 16, 2024.

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 and all other related deadlines for nine months. Defendants argue good cause exists as they have only appeared in this case as of January 13, 2023. Because defendants are new parties to this action, defendants have not had reasonable opportunity to complete written discovery in the form of interrogatories, demand for inspection and production of document, depositions, and expert discovery. Further, defendants are presently unable to proceed with case evaluation for possible physical examination and/or expert retention and review until formal written discovery and plaintiff’s deposition have been completed. No parties or witnesses will be prejudiced by this trial continuance. However, if a continuance of the trial to April 16, 2024, is not granted, defendants will be unduly prejudiced at trial as defendants will not have been given a reasonable opportunity to investigate plaintiff’s allegations on liability and claims for special damages. This is the first request for a trial continuance.

Plaintiff argues in opposition that Defendant is not a new party. Plaintiff contends that the defense is being represented by counsel for State Farm Insurance, who has received Plaintiff’s Offer to Settle within Policy Limits more than once before the lawsuit was filed. Plaintiff argues that Defendant has been in possession of Plaintiff’s entire medical records for over two years. However, Defendant’s best offer was below Plaintiff’s medical bills, which forced Plaintiff to file a lawsuit. Plaintiff argues that Defendants have more than sufficient time to secure all documents and evidence necessary to prepare for trial within the next 4 months.

The Court finds there is good cause to continue trial as Defendants have only appeared in this case as of January of 2023, and there was a delay in serving Defendants. The case is in its early stages as evidenced by Plaintiff’s filing of a demurrer to Defendants’ answer. Plaintiff has not addressed Defendant’s need to propound initial sets of discovery, conduct Plaintiff’s deposition, and prepare the case for trial. Plaintiff has not articulated any prejudice she would suffer from a continuance, aside from the general statement that justice delayed is justice denied. On the other hand, Defendants would be unduly prejudiced if they were forced to go to trial within four months of appearing, and without conducting any discovery, or the limited discovery they would be able to conduct in four months. Moreover, this is the first continuance in this matter. As such, the motion is granted. Trial is continued to April 16, 2024. 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 April 16, 2024 at 8:30 a.m.; FSC April 2, 2024 at 10:00 a.m.

Moving party is ordered to give notice.