Judge: Steven A. Ellis, Case: 22STCV26987, Date: 2023-10-10 Tentative Ruling

Case Number: 22STCV26987    Hearing Date: October 10, 2023    Dept: 29

TENTATIVE

The motion to continue trial is GRANTED.

DISCUSSION

Plaintiff Matthew Roberson(“Plaintiff”) filed this action on August 19, 2022, against defendant World on 24 Hour Fitness, USA, LLC (“Defendant”) for injuries relating to an allegedly malfunctioning piece of exercise equipment at Defendant’s facility.   Trial is currently set for February 16, 2024.

Defendant now moves to continue the current trial date to after the Defendant’s reserved Motion for Summary Judgment Hearing on November 6, 2024.  In the alternative, Defendant asks that the Court specially set the hearing on their Motion for Summary Judgment to be consistent with the current trial date as per the California Code of Civil Procedure Section 437c(a)(3).  Plaintiff opposes the request to set an earlier hearing for the summary judgment motion but does not oppose the request to continue trial. Additionally, both parties make some contention that they are engaged in ongoing discovery.

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  (CRC Rule 3.1332(c).)  The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance.  (CRC Rule 3.1332(c).) The Court may look to the following factors in determining whether a trial continuance is warranted:  (1) proximity of the trial date; (2) whether there was any previous continuance 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; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial.  (See generally, CRC Rule 3.1332(d)(1)-(11).)  Additional factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application.  (CRC Rule 3.1332(c), (d).)

Here, the parties appear to be engaged in a dispute over a discovery issue.  The Defendant has reserved a hearing date on a motion for summary judgment.  This is the first request for a continuance in this case.

Defendant’s motion to continue trial is granted.  Trial is continued to mid December 2024.  The Final Status Conference and all deadlines are reset based on the new trial date. 

Final Status Conference is continued to 11/27/2023 at 10:00 AM in Department 29 at Spring Street Courthouse. Non-Jury Trial is continued to 12/11/2023 at 08:30 AM in Department 29 at Spring Street Courthouse. 

Defendant is ordered to give notice.