Judge: Steven A. Ellis, Case: 22STCV15928, Date: 2023-10-19 Tentative Ruling
Case Number: 22STCV15928 Hearing Date: October 19, 2023 Dept: 29
TENTATIVE
The motion to continue trial and related deadlines 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
Plaintiff moves to continue trial to May 9, 2024.
Trial is currently set to begin on November 9, 2023. There are no prior continuances in this matter. The length of the continuance requested is roughly six months. Defendants do not oppose this motion.
Plaintiff contends that good cause exists to grant a continuance because, despite diligent efforts, Plaintiff has not been able to obtain all of her medical records and itemized billing for medical treatment received as a result of her injury. Thus, Plaintiff contends she will be prejudiced if she were forced to go to trial in just three weeks without completing her own investigation discovery.
Defendant has not opposed the motion or otherwise indicated that Defendant would suffer any unfair prejudice from the requested continuance.
Considering the inability of Plaintiff thus far to obtain critical medical records pertaining to her injuries and the lack of prejudice to either party that would result from continuing the motion, the Court finds that good cause exists to continue trial to May 2024.
Conclusion
Accordingly, the motion to continue trial and all related deadlines is GRANTED.
Trial is continued to mid May 2024. Final Status Conference and all discovery deadlines are reset based on the new trial date.
Final Status Conference is continued to 05/01/2024 at 10:00 AM in Department 29 at Spring
Street Courthouse. Non-Jury Trial is continued to 05/15/2024 at 08:30 AM in Department 29 at
Spring Street Courthouse
Moving party is ordered to give notice.