Judge: Steven A. Ellis, Case: 22STCV32036, Date: 2024-03-04 Tentative Ruling

Case Number: 22STCV32036    Hearing Date: March 4, 2024    Dept: 29

Motion to Continue filed by Plaintiff Interinsurance Exchange of the Automobile Club.

Tentative

The motion is granted.

Background

On September 30, 2022, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed its complaint against Selena Anais Martinezcastro, Maria C. Castro, and Does 1 to 10 for subrogation recovery cause of action from an automobile accident occurring on February 23, 2020.

On February 2, 2024, Plaintiff  filed this motion to continue trial. 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

Plaintiff contends that there is good cause to continue trial as written discovery has not been completed. (Tapper Decl., ¶ 2.) Further, one of the defendants has yet to be served. (Id., ¶ 3.) Lastly, Plaintiff’s counsel has another trial starting on March 29, 2024, the same date as trial for this matter. (Id., ¶¶ 2, 4.)

The Court finds Plaintiff has shown good cause for a continuance due to the need to properly served defendants and complete written discovery. Therefore, Plaintiff’s motion to continue is GRANTED.

Conclusion

The Plaintiff’s motion to continue is GRANTED.

The trial date is advanced and continued to July 29, 2024.  The Final Status and all discovery deadlines are reset based on the new trial date.

Moving Party is ORDERED to give notice.