Judge: Stephen I. Goorvitch, Case: 21STCV42732, Date: 2023-03-15 Tentative Ruling

Case Number: 21STCV42732    Hearing Date: March 15, 2023    Dept: 39

Jane Roe v. Sterling Jewelers, Inc., et al.

Case No. 21STCV42732

Motion to Continue Trial

Plaintiff Jane Roe (“Plaintiff”) filed this wrongful termination case against Sterling Jewelers, Inc. and Signet Jewelers Limited (collectively, “Defendants”) on November 19, 2021.  Now, Defendants move to continue the trial and all related dates.  Plaintiff opposes the motion. 

Continuances are granted only on an affirmative showing of good cause requiring a continuance.”  (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.)  A trial court has broad discretion in considering a request for a trial continuance.  (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)  California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial.

Defendants seek a continuance due to ongoing discovery disputes.  Defendants argue that they have sought court intervention to resolve outstanding discovery disputes and are waiting for an informal discovery conference (“IDC”) to be scheduled.  In fact, the Court denied the parties’ request for an IDC on February 8, 2023, and no discovery motions have been filed since that time.  Defendants argue that “Plaintiff has taken issue with certain of Defendants’ discovery responses,” as a basis for a trial continuance.  In fact, Plaintiff does not believe these issues warrant a trial continuance, as Plaintiff opposes the motion.  The trial date is not until July 11, 2023, and the fact discovery cutoff is not until June 11, 2023, leaving ample time to complete the depositions. 

Based upon the foregoing, Defendants’ motion for a trial continuance is denied.  Defendants’ counsel shall provide notice and file proof of such with the Court.