Judge: Steven A. Ellis, Case: 22STCV16724, Date: 2023-08-21 Tentative Ruling

Case Number: 22STCV16724    Hearing Date: August 21, 2023    Dept: 29

TENTATIVE

Defendant Enmanuel De Jesus Alberto and Enmanuel De Jesus Alberto dba EDA Trucking’s Motion to Continue Trial is GRANTED.

Background

This personal injury action stems from an automobile accident on April 7, 2022 in which James Henson (“Plaintiff”) alleges that Enmanuel De Jesus Alberto (“Defendant”) negligently collided with his vehicle. (Complaint, ¶ 8.) Plaintiff filed their Complaint on May 20, 2022. Defendant has filed the instant Motion to Continue Trial Date, Final Status Conference and All Related Dates (“Motion”) on August 3, 2023. The Motion is unopposed.

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).)¿¿¿

The court may also consider the following factors: “(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 3.1332(d).)¿¿ ¿

Analysis

Defendant argues that good causes exists for a trial continuance as discovery is still ongoing. In fact, after the filing of a motion to compel the deposition of Plaintiff, Defendant found out that Plaintiff would not be able to appear for his deposition until September 15, 2023. (Motion, 6:6-12.) The current trial date is set for November 17, 2023, which does not provide Defendant sufficient time to complete additional discovery that may be needed.

In addition, both parties have agreed to a continuance and will not be prejudiced.

Also, Defendants have noted that they and Plaintiff may be interested in private mediation, and a continuance would allow the parties to explore this possibility before incurring the costs related to trial.  

The Court also notes that this is the first request for a continuance.

Based on the agreement of the parties, and good cause appearing therefor, the request to continue trial is GRANTED.

Conclusion

The Court GRANTS the request to continue trial. Trial is continued to mid May 2024. All 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.