Judge: Steven A. Ellis, Case: 20STCV47098, Date: 2023-08-14 Tentative Ruling

Case Number: 20STCV47098    Hearing Date: August 14, 2023    Dept: 29

TENTATIVE 

Defendants 1430 N. Cahuenga Partners, L.P., Mezzo Restaurant, LLC, and Gordon California Properties, LLC’s motion to continue trial and related dates is GRANTED. 

The November 27, 2023 trial date is continued to early August 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 the November 27, 2023 trial, as well as all related pre-trial discovery and motion deadlines, by 365 days, or a date beyond May 31, 2024, arguing good cause exists because Defendants have been unable to obtain essential testimony despite their diligent efforts to do so.  (Declaration of Melissa Corona, ¶¶ 5-7.)  Since December of 2022, Defendants have attempted to obtain Plaintiff’s availability to take her deposition; however, while the parties have agreed on dates, the deposition has not proceeded for various reasons.  (Corona Decl. ¶ 6.)  Defendants have reserved the first available date of May 31, 2024 for Defendants’ Motion to Compel Plaintiff’s Deposition and have not been able to secure an earlier date.  (Corona Decl. ¶ 8.)  Defendants contend that they will be prejudiced if a continuance is not granted, given they won't be able to obtain Plaintiff's testimony before trial, which is essential to this case.  (Corona Decl. ¶ 10.)  Further, there have been two previous continuances of the trial date, both by stipulation by the parties.  (Corona Decl. ¶ 3; Exs. “A” and “B.”) 

The Court finds that there is good cause for continuing the trial and all related dates as there is outstanding discovery that needs to be conducted.  Additionally, it does not appear that Plaintiff would be prejudiced by a continuance as Plaintiff has not filed an opposition.  Thus, the motion is granted.  

Conclusion 

Defendants 1430 N. Cahuenga Partners, L.P., Mezzo Restaurant, LLC, and Gordon California Properties, LLC’s motion to continue trial and related dates is GRANTED. 

The November 27, 2023 trial date is continued to early August 2024.  All deadlines are reset based on the new trial date. 

Defendants are ordered to give notice of this ruling.