Judge: Steven A. Ellis, Case: 21STCV27892, Date: 2023-09-11 Tentative Ruling

Case Number: 21STCV27892    Hearing Date: September 11, 2023    Dept: 29

TENTATIVE

Defendant Jackson’s Motion to Continue Trial Date is GRANTED. 

Legal Standard

“To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (CRC 3.1332(a); see also CRC 3.1332(c)—“continuances of trials are disfavored”; Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463, 468. 

An affirmative showing of “good cause” according to Judicial Council standards is required on a motion for continuance before or during trial.  (CRC 3.1332(c).) The following circumstances may indicate the presence of good cause warranting a continuance:

— unavailability of essential percipient or expert witness because of death, illness or other excusable circumstances; (CRC 3.1332(c)(1))

— unavailability of a party because of death, illness or other excusable circumstances; (CRC 3.1332(c)(2))

— unavailability of trial counsel because of death, illness or other excusable circumstances; (CRC 3.1332(c)(3))

— substitution of trial counsel where there is an “affirmative showing that the substitution is required in the interests of justice”; (CRC 3.1332(c)(4))

— addition of a new party if the new party has not had a reasonable opportunity to conduct discovery and prepare for trial or the other parties have not had an adequate opportunity to prepare for trial in regard to the new party; (CRC 3.1332(c)(5)(A), (B))

— a party's inability to obtain essential testimony, documents or other material evidence despite diligent efforts; (CRC 3.1332(c)(6)) or

— a significant unanticipated change in the status of the case as a result of which the case is not ready for trial. (CRC 3.1332(c)(7))

Other factors include:

— proximity of the trial date;

— any previous continuances, extensions of time or delays of trial;

— length of the requested continuance;

— availability of alternative means to address the problem that gave rise to the continuance request;

— prejudice the parties or witnesses may suffer if there is a continuance;

— if the case is entitled to a preference, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay;

— court's calendar and the impact of granting a continuance on other pending trials; and

— whether all parties have stipulated to the continuance.  (CRC 3.1332(d).)

Discussion

Defendant establishes good cause for the trial continuance.  Lead trial counsel will be unavailable due to a pre-paid, pre-planned overseas trip.  (Motion, Windham Dec., ¶7.)  There has only been one prior trial continuance.  The requested continuance is only sixty days.  Plaintiff did not oppose the motion and so it does not appear that Plaintiff would suffer any unfair prejudice from a continuance.   

Conclusion

Defendant Jackson’s Motion for Trial Continuance is GRANTED.  The trial date of September 28, 2023 is continued for approximately 60 days to late November 2023.  Final status and all deadlines are reset based on the new trial date. 

Moving party to give notice.