Judge Steven A. Ellis, Case Number: 21STCV33732, Date: 2023-09-19 Tentative Ruling

Judge: Steven A. Ellis, Case: 21STCV33732, Date: 2023-09-19 Tentative Ruling

Case Number: 21STCV33732 Hearing Date: September 19, 2023 Dept: 29

TENTATIVE

Defendant’s motion to continue trial date 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

Defendant moves to continue trial to December 2024, and requests that all discovery and motion cut-off dates be based upon the new trial date. Defendant argues good cause exists because it has made efforts to take the depositions of Plaintiff and Plaintiff’s wife in advance of its MSJ filing deadline and repeatedly contacted Plaintiff’s counsel to schedule these depositions. (Lee Decl. ¶¶5-16.) Plaintiff’s counsel has been aware of the MSJ filing deadline for at least two months. (Id. at ¶18.) Defendant had informed Plaintiff’s counsel that if the depositions could not be scheduled before the MSJ filing deadline, trial would have to be continued because the MSJ hearing was reserved for the last day that an MSJ could be heard before trial. (Id. at ¶16.) Because Plaintiff’s counsel failed to provide dates for the deposition of Plaintiff and his wife, Defendant had to reserve the next available MSJ hearing date of October 30, 2024. Defendant also asserts that the proximity of the trial date in relation to the MSJ weighs in favor of a continuance because the MSJ hearing date is scheduled after the December 1, 2023, trial date. Plaintiff also filed a Notice of Non-Opposition to Defendant’s Motion to Continue Trial.

The Court finds there is good cause to continue trial as the parties need additional time to complete discovery and the motion for summary judgment hearing is scheduled after the current trial date. Further, Plaintiff did not file an opposition and so it appears that Plaintiff would not be unfairly prejudiced by a trial continuance. Thus, the motion is granted. Trial is continued to mid December 2024.

Conclusion

Accordingly, the motion to continue trial and all related deadlines is GRANTED. Trial is continued to mid December 2024. Final Status Conference and all deadlines are reset based on the new trial date.

Moving party to give notice.