Judge: Steven A. Ellis, Case: 21STCV36581, Date: 2024-01-16 Tentative Ruling

Case Number: 21STCV36581    Hearing Date: January 16, 2024    Dept: 29

Motion to Continue Trial Date, filed by Defendant PV Holding Corp.

Tentative

The motion is GRANTED.

Background

On October 4, 2021, Plaintiffs Santiago Merlos and Nelson Blanco (“Plaintiffs”) filed a complaint against Defendants Steve Jakubczak, PV Holding Corp. (“Moving Defendant”) , and Does 1 through 50, asserting the cause of action for Negligence, from a motor vehicle incident occurring on October 15, 2019.

On December 11, 2023, Moving Defendant filed this motion to continue the trial. No opposition has been filed.

Legal Standard

Code Civ. Proc. § 128(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

Moving Defendant filed a Motion for Summary Judgment and reserved the first available hearing, which was January 14, 2025. (Moon Decl., ¶ 2.) Trial is currently scheduled for October 7, 2024. (Id.)

No opposition has been filed.

The Court finds that Moving Defendant has made a showing of good cause to continue the trial date to have its Motion for Summary Judgment heard.   

Therefore, the Motion to Continue Trial is GRANTED.

Conclusion

The Court GRANTS the motion to continue trial.

Trial is advanced and continued to mid March 2025.  Final Status Conference and all deadlines are reset based on the new trial date.

Jury Trial is continued to 03/13/2025 at 08:30 AM in Department 29 at Spring Street
Courthouse. Final Status Conference is continued to 02/27/2025 at 10:00 AM in Department 29
at Spring Street Courthouse.

Moving Party is ORDERED to give notice.