Judge: Steven A. Ellis, Case: 22STCV06018, Date: 2024-01-02 Tentative Ruling
Case Number: 22STCV06018 Hearing Date: January 2, 2024 Dept: 29
Tentative
The motion to continue trial is GRANTED.
Background
On February 17, 2022, Diego Blanco ("Plaintiff") filed suit against Jingjing Li, DDS, Western Dental Services, Inc. (collectively “Defendants”), and Does 1 through 20, alleging that Defendants performed below the standard of care when placing a dental implant.
Defendants Jingjing Li, DDS and Western Dental Services, Inc. filed their Answer on July 6, 2023. On November 3, 2023, Defendants filed a timely motion for summary judgment and reserved the earliest available hearing date, which was on December 26, 2024.
Defendants filed this Motion to Continue on November 7, 2023.
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
On November 7, 2023, Defendants filed this motion to continue the trial. Defendants contend good cause exists to continue the trial as Defendants were able to set a hearing for their motion for summary judgment for December 26, 2024. (Flatley Decl., ¶3.) This falls after the current trial date of February 22, 2024.
The Court finds that Defendant has established good cause for continuing trial, as Defendants have a right for their timely motion for summary judgment to be heard. Further, no opposition has been filed.
Therefore, the Court will GRANT the motion to continue.
Conclusion
The Court GRANTS the motion to continue trial. Trial is continued to late January 2025. The Final Status Conference and all deadlines are reset based on the new trial date.
Final Status Conference is continued to 01/14/2025 at 10:00 AM in Department 29 at Spring
Street Courthouse. Non-Jury Trial is continued to 01/28/2025 at 08:30 AM in Department 29 at
Spring Street Courthouse.
Moving Party is ORDERED to give notice.