Judge: Steven A. Ellis, Case: 21STCV01676, Date: 2023-09-05 Tentative Ruling
Case Number: 21STCV01676 Hearing Date: September 5, 2023 Dept: 29
TENTATIVE
Defendants Eurostar, Inc and Alon Realty, LLC’s motion to continue trial and all trial-related dates is GRANTED. Trial is continued to mid March 2024.
Legal Standard
Per California Rules of Court (CRC), rule 3.1332, subdivision (c): the court may grant a continuance for “good cause,” which includes: (1) unavailability of an essential lay or expert witness due to death, illness, or other excusable circumstances; (2) unavailability of a party due to death, illness, or other excusable circumstances; (3) unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) substitution of trial counsel required in the interests of justice; (5) addition of a new party or other parties in regard to a new party’s involvement hasn’t had a reasonable opportunity to conduct discovery and prepare for trial; (6) party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) significant, unanticipated change in the status of the case as a result of which indicates the case is not ready for trial. (CRC Rule 3.1332(c).)
Other relevant factors to be considered 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” (CRC Rule 3.1332(d).)
“A trial court has great discretion in the disposition of an application for a continuance. Absent a clear abuse of discretion, the court’s determination will not be disturbed.” (Estate of Smith v. Atkinson (1973) 9 Cal.3d 74, 81.) “Such discretion is abused, however, where the lack of a continuance results in the denial of a fair hearing.” (Rankin v. Curtis (1986) 183 Cal.App.3d 939, 947.)
Discussion
Here, Defendants Eurostar, Inc and Alon Realty, LLC move to continue trial out 120 days, and requests that all trial-related dates be based on the new trial date. Defendants state that Defendant Tanzey properties named Royal Roofing as ROE 1 as a cross-defendant but Royal Roofing has not yet appeared in this instant action. (Declaration of Karen M. Harmeling at ¶ 4.) Defendants also state that all parties agreed to resume mediation following additional discovery but scheduled depositions did not go forward pending Royal Roofing’s appearance. (Id. at ¶¶ 5-6.) Defendants anticipate the depositions will be completed by the end of September. (Id. at ¶ 6.) Defendants state further that an independent medical examination of Plaintiff Consuelo Tolentino needs to be completed. (Id. at ¶ 5.)
Furthermore, Defendants state that expert discovery and trial preparation has not been completed. (Id. at ¶ 8.) Defendants also state that all the parties have agreed to the continuance. (Id.)
Additionally, Defendants state that there have been two prior continuances but this continuance is necessary because of the issues discussed above. (Defendants Motion to Continue Trial Date at page 4, ¶ I, ln. 1.)
The Court finds that good cause exists for a continuance. Defendants have provided sufficient evidence that (1) they would not have a reasonable opportunity to conduct discovery and prepare for trial in regard to the newly named cross-defendant Royal Roofing; (2) they have been unable to conduct scheduled depositions; (3) they have not obtained an independent medical examination of Plaintiff Consuelo Tolentino; (4) the length of the continuance requested is only for 120 days; (5) this is a complex case with multiple parties involved; (6) the parties have stipulated to the continuance; and (7) the interests of justice are best served by the continuance because it would allow the parties to potentially resolve this case through mediation. (CRC Rule 3.1332(c)(5)-(7); see also CRC Rule 3.1332(d)(3), (9)-(11).) No party has opposed the motion, and so it does not appear that any party would suffer any unfair prejudice as a result of the continuance.
Conclusion
Accordingly, Defendants Eurostar, Inc and Alon Realty, LLC’s motion to continue the trial and all related trial dates is GRANTED.
Trial is continued to mid March 2024. Final Status Conference and all deadlines are reset based on new trial date.
Final Status Conference is continued to 03/08/2024 at 10:00 AM in Department 29 at Spring
Street Courthouse. Non-Jury Trial is continued to 03/22/2024 at 08:30 AM in Department 29 at
Spring Street Courthouse.
Moving party is ordered to give notice.