Judge: Steven A. Ellis, Case: 21STCV33079, Date: 2024-01-24 Tentative Ruling
Case Number: 21STCV33079 Hearing Date: March 15, 2024 Dept: 29
Motion to Continue Trial filed by Defendant Lyft, Inc.
Tentative
The motion is granted in part.
Background
On September 8, 2021, Plaintiff Angelica  Sanchez (“Plaintiff”) filed the Complaint in this action against Defendants  Lyft, Inc. (“Lyft”), Mauricio Ocampo (“Ocampo”), and Does 1 through 100, asserting  causes of action for negligence and negligence per se.  The Complaint alleges that on September 27,  2019, Defendant Ocampo, while employed by Defendant Lyft, Inc., was driving a  vehicle in which Plaintiff was a passenger; the vehicle driven by Ocampo  collided with another vehicle, causing Plaintiff to sustain severe physical and  mental injuries.  (Complaint, ¶¶ 19-23.) 
Lyft filed its Answer to the Complaint on  February 7, 2022.  Ocampo filed his  Answer to the Complaint on November 8, 2022.
On filing, the case was assigned a trial date  of March 8, 2023.  
In December 2022, trial was continued to  October 6, 2023, on Ocampo’s unopposed ex parte application.  In July 2023, trial was continued to May 6,  2024, on Ocampo’s unopposed motion.
On February 20, 2024, Lyft filed  this motion to continue trial. Plaintiff filed an opposition on March 1, 2024. Lyft  filed its reply on March 7, 2024.
Legal Standard
Code of Civil Procedure section 128,  subdivision (a)(8), provides that the court has the power to amend and control  its process and orders so as to make them conform to law and justice. “The  power to determine when a continuance should be granted is within the  discretion of the trial court.” (Color-Vue, Inc. v. Abrams (1996) 44  Cal.App.4th 1599, 1603.) “A trial court has wide latitude in the matter of  calendar control including the granting or denying of continuances.” (Park  Motors, Inc. v. Cozens (1975) 49 Cal.App.3d 12, 18.)  
Each request for a continuance must be  considered on its own merits according to California Rules of Court, Rule  3.1332(c). The court may grant a continuance only on an affirmative showing of  good cause requiring the continuance. Circumstances of good cause include:  
“(1) The unavailability of an essential lay  or expert witness because of death, illness, or other excusable  circumstances;  
(2) The unavailability of a party because of  death, illness, or other excusable circumstances;  
(3) The unavailability of trial counsel  because of death, illness, or other excusable circumstances;  
(4) The substitution of trial counsel, but  only where there is an affirmative showing that the substitution is required in  the interests of justice;  
(5) The addition of a new party if: (A) The  new party has not had a reasonable opportunity to conduct discovery and prepare  for trial; or (B) The other parties have not had a reasonable opportunity to  conduct discovery and prepare for trial in regard to the new party's  involvement in the case;  
(6) A party's excused inability to obtain  essential testimony, documents, or other material evidence despite diligent  efforts; or  
(7) A significant, unanticipated change in  the status of the case as a result of which the case is not ready for  trial.”  
(Cal. Rules of  Court, Rule 3.1332(c).)  
California Rules  of Court, Rule 3.1332 sets forth a list of non-exhaustive factors to be  analyzed when determining whether good cause for a trial continuance is  present. A court considers factors such as:   
“(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.”  
(Cal. Rules of Court, Rule 3.1332(d).) 
Discussion
There have been disputes between Plaintiff and Defendants regarding the  number of timing of Defendants’ medical examinations of Plaintiff in this case.  (Holmberg Decl., ¶¶ 5-8.)  All of these disputes are now resolved:  Plaintiff stipulated to four of the five requested examinations, and as to the  fifth, the Court made a ruling on Ocampo’s motion on January 24, 2024.  (Id., ¶ 9 &  Exh. A.)
Plaintiff failed to appear at one of the agreed-to examinations on  January 19.  (Id., ¶  9.)  Plaintiff’s counsel stated that she  did not attend because she had the flu, and the parties agreed to reschedule  the examination for March 19, 2024.  (Id., ¶¶ 9-10.)
Lyft now contends that it will suffer undue prejudice from the delay in  this examination, as it will not have an adequate opportunity to conduct further  discovery following the examination, including written discovery, review of  medical records, and further depositions.   Lyft requests that trial be continued for more than four months, to  September 24, 2024.
Plaintiff opposes the motion, arguing (in summary) that Lyft will not  be prejudiced and will have 46 days between the rescheduled examination and the  trial date.
The Court finds that Lyft has shown good cause for a brief continuance  of the trial date due to Plaintiff’s illness and the unexpected delay of the  physical examination, but Lyft has not shown good cause for a continuance of  more than four months.  The motion is  granted in part.  Trial is continued for  approximately 45 days. 
Conclusion
The Court GRANTS  in part Lyft’s motion to continue trial.
The trial date is advanced and continued to June 21, 2024. The Final Status Conference and all 
deadlines are reset based on the new trial date. 
Final Status Conference is continued to 06/07/2024 at 10:00 AM in Department 29 at Spring 
Street Courthouse. Non-Jury Trial is continued to 06/21/2024 at 08:30 AM in Department 29 at 
Spring Street Courthouse. 
Moving Party is  ORDERED to give notice.