Judge: Steven A. Ellis, Case: 20STCV09010, Date: 2023-10-16 Tentative Ruling

Case Number: 20STCV09010    Hearing Date: October 16, 2023    Dept: 29

TENTATIVE

Defendant Tri-West Enterprises LLC DBA Rocco’s Tavern, Seventy7 West’s motion to continue trial is GRANTED.

Background 

On March 5, 2020, Plaintiff Samir Goli filed a complaint against Defendants John Jacob Kardasz, an individual; Rocco’s Tavern, CC, LLC, a limited liability company; and Does 1 through 100, inclusive, alleging causes of action for assault, battery, intentional infliction of emotional distress, and negligence arising of out Plaintiff’s injuries when a physical altercation occurred on the premise.  

On September 19, 2023, Defendant Tri-West Enterprises LLC DBA Rocco’s Tavern, Seventy7 West (“Defendant”) filed this instant motion to continue trial. No opposition has been filed.

Trial is currently set for November 21, 2023.

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 to February 6, 2025, and requests that all discovery and motion cut-off dates be based upon the new trial date. Defendant argues good cause exists because Plaintiff’s counsel was substituted on July 24, 2023, and needs time to conduct discovery and depositions, and attend mediations.  Defendant also argues the parties need additional time to complete written discovery and depositions.  Defendant and Plaintiff’s counsel have agreed to attend mediation in November 2023.  Defendant recently reserved a date for a summary judgment hearing, and the first available date (which Defendant reserved) was in December 2024.   

The Court finds there is good cause to continue trial as Plaintiff’s counsel recently appeared on the matter and needs time to conduct discovery depositions, attend mediation, and prepare for trial if necessary. The pleadings have only recently been completed, and there may even be further amendment, and new parties appeared within the past few months.  Further, it does not appear that any party would be prejudiced by a trial continuance, and no party has filed an opposition contending otherwise. Accordingly, the motion is granted.

Conclusion

Accordingly, the motion to continue trial is GRANTED. Trial is continued to early February 2025. Final Status Conference and all deadlines are reset based on the new trial date.

Given the age of the case, the parties are advised to treat the new trial date as a firm date.  The Court will look with disfavor on any further request to continue the trial.

Moving party is ordered to give notice.