TENTATIVE

The unopposed motion to continue trial is granted. Trial is continued to June 12, 2023.

Legal Standard

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).) 

Discussion

Defendant moves to continue trial to 2023,  preferably in June, arguing good cause exists as Defendant propounded initial discovery requests upon Plaintiffs on June 8, 2021, buthas not yet received Plaintiff Kylee J. Evans’ responses to initial discovery requests. A Motion to Compel Plaintiff Kylee J. Evans’ responses to initial discovery requests was granted on August 25, 2022. Defendant argues that if responses are eventually received, Defendant will require further time to subpoena Plaintiffs’ medical records, conduct Plaintiffs’ deposition, conduct an Independent Medical Examination, if necessary, and conduct any other expert discovery that may be necessary. Defendant will require more time to prepare a defense. If responses are not received, additional time will be required to pursue a motion for terminating sanctions. The Court finds there is good cause to continue the trial due to the outstanding discovery issues and because Defendant was served late, and as a result, appeared in this case late. Further, there is no opposition filed. Thus, the motion is granted. In order to comply with Code of Civil Procedure Section 583.310, the Court will select a date prior to the fifth anniversary of the filing of the complaint. Trial is continued to April 11, 2023, with a Final Status Conference date of March 28, 2023.

Conclusion

Accordingly, the unopposed motion to continue trial is GRANTED. Trial is continued to April 11, 2023, with a Final Status Conference date of March 28, 2023.

Moving party is ordered to give notice.