Judge: Serena R. Murillo, Case: 22STCV00649, Date: 2023-02-01 Tentative Ruling

Case Number: 22STCV00649    Hearing Date: February 1, 2023    Dept: 29

TENTATIVE

Defendant’s motion to continue trial is GRANTED.

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 for six months, arguing good cause exists because Plaintiff Guadalupe Duran has failed and refused to appear for deposition and a motion compelling plaintiff to appear has been filed. The earliest available date for a motion hearing date on the motion to compel the deposition of Plaintiff Guadalupe Duran was July 5, 2023, and it is anticipated that follow-up discovery will be necessary following completion of the deposition, including a defense medical examination of plaintiff Guadalupe Duran depending upon plaintiff’s testimony at deposition. The trial date in this matter is July 7, 2023, just two days before the motion to compel the deposition.

The Court finds good cause to continue trial as Defendant needs additional time to complete discovery. Further, Plaintiffs have not opposed this motion, and thus, it does not appear they would be prejudiced by a trial continuance. On the other hand, Defendant would be prejudiced by going to trial without completing discovery. As such, the motion is granted. However, a trial continuance of six months from July is not necessary as Defendant can complete discovery before that. Thus, trial is continued to October 25, 2023.

Conclusion

Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to October 25, 2023.


The Non-Jury Trial scheduled for 07/07/2023 is continued to 10/25/2023 at 08:30 AM in Department 29 at Spring Street Courthouse.

The Final Status Conference scheduled for 06/23/2023 is continued to 10/11/2023 at 10:00 AM in Department 29 at Spring Street Courthouse.

Moving party is ordered to give notice.