Judge: Steven A. Ellis, Case: 22STCV30142, Date: 2024-05-23 Tentative Ruling

Case Number: 22STCV30142    Hearing Date: May 23, 2024    Dept: 29

Motion to Continue Trial filed by Defendant US VI Downey, LLC.

Tentative

The motion is granted.

Background

On September 15, 2022, Elizabeth Sanchez (“Plaintiff”) filed a complaint on September 15, 2022 against US VI Downey LLC (“Defendant”) and City of Downey for negligence and dangerous condition of public property arising out of a fall into a draining section of a parking lot. Defendant filed an answer on October 28, 2022.

On April 29, 2024, Defendant filed its motion to continue trial. No opposition has been filed.

Legal Standard

Code of Civil Procedure section 128, subdivision (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.) 

“To ensure the prompt disposition of civil cases, the dates assigned for trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  (Cal. Rules of Court, rule 3.1332(a).)

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.”  (Cal. Rules of Court, rule 3.1332(c).)  “The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  (Ibid.)  Circumstances that may support a finding 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).) 

“In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination.”  (Cal. Rules of Court, rule 3.1332(d).)  California Rules of Court, rule 3.1332(d) sets forth a non-exhaustive list of factors that the court may consider: 

“(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

Defendant brings this motion to continue trial based on unresolved discovery issues. Defendant contends it has been unsuccessful in scheduling Plaintiff’s deposition, having to postpone on multiple occasions, and has filed a motion to compel, which is not able to be heard until July 9, 2024. (Wayne Decl., ¶¶ 3, 5, 8, 9, 15.) Trial is currently set for September 10, 2024. Defendant requests a six-month continuance so Plaintiff’s deposition can be taken, and Defendant can evaluate what further discovery needs to be completed before trial.

The Court finds that there is good cause for the requested trial continuance.  The motion is granted.

Conclusion

The Court GRANTS Defendant’s motion to continue trial.

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

Moving Party is ORDERED to give notice.