Judge: Steven A. Ellis, Case: 21STCV24374, Date: 2023-08-30 Tentative Ruling
Case Number: 21STCV24374 Hearing Date: August 30, 2023 Dept: 29
TENTATIVE
Defendant Panacea Acupuncture Center’s motion to continue trial is granted.
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
The Court finds that Defendant has shown good cause to continue trial. Defendant had originally retained Andrew Woo, M.D., Ph.D. as its neurology expert, but on July 6, 2023, Defendant learned Dr. Woo is no longer available due to medical issues. (Decl. Hayati ¶ 6.) Plaintiff also currently has an independent medical examination scheduled for September 8, 2023, with Defendant’s neuropsychologist, Nicholas Thaler, Ph.D. (Decl. Hayati ¶ 5.) In addition, Plaintiff has agreed to the requested continuance and so there is no unfair prejudice to either party. Finally, Defendant has reserved a September 2024 hearing date on a not-yet-filed motion for summary judgment.
Conclusion
Accordingly, Defendant’s motion to continue trial is GRANTED. Trial is continued for approximately one year to early November 2024. Final Status Conference and all deadlines are reset based on new trial date.
Street Courthouse. Non-Jury Trial is continued to 11/04/2024 at 08:30 AM in Department 29 at
Spring Street Courthouse.