Judge: Steven A. Ellis, Case: 21STCV34740, Date: 2023-07-10 Tentative Ruling

Case Number: 21STCV34740    Hearing Date: September 6, 2023    Dept: 29

TENTATIVE

The Court GRANTS the motion to continue trial.

Legal Standard

“(c) Grounds for continuance

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate 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.

(d) Other factors to be considered

In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These 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.”

(Cal. Rules of Court, rule 3.1332, subds. (c), (d)) [bold in original].

Discussion

The Court finds that Defendants have shown good cause to continue trial.  The Court finds the issues caused by the incorrect mailing address for Plaintiff following the relief of Plaintiff’s former counsel to constitute an excused inability to obtain certain discovery and unanticipated change in the status of the case rendering it not ready for trial. (Id., rule 3.1332, subds. (c)(6), (c)(7).) The Court also notes that there has only been one previous continuance of trial and that the length of the continuance requested, i.e., six months, is appropriate under the circumstances. (Id., rule 3.1332, subds. (d)(2), (d)(3).) The Court further finds that the interests of justice are best served by a continuance given the fundamental issues of fairness involving the incorrect mailing address for Plaintiff. (See Id., rule 3.1332, subd. (d)(10).)

Conclusion

The Court GRANTS the motion to continue trial.

Trial is continued to late October 2024.  The Final Status Conference and all deadlines are reset based on the new trial date.

Defendants to give notice.