Judge: Teresa A. Beaudet, Case: 21STCV04269, Date: 2023-01-18 Tentative Ruling

Case Number: 21STCV04269    Hearing Date: January 18, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff 290 Beowawie LLC (“Plaintiff”) filed this action on February 2, 2021.

On October 25, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants Indinero Inc., Jessica Mah, Andy Su aka Andrew Su aka Dizhe Su, Employees First Advocates LLC, Pry Financials Inc., Brex Pry Financials LLC, and Hayden Jensen. The SAC asserts causes of action for (1) breach of contract, (2) relief against avoidable transfers and/or obligations, (3) breach of fiduciary duty, (4) quia timet, and (5) unjust enrichment.

On November 4, 2022, Plaintiff filed amendments to the SAC naming Mah Family IDF LLC in place of “Doe 94,” Scouts 2020 LLC in place of “Doe 95,” and Scouts 2020-P LLC in place of “Doe 96.”

The trial date in this action is currently set for March 29, 2023.   

Pry Financials Inc. and Brex Pry Financials LLC (jointly, the “Brex Defendants”) now move for an order continuing the trial date and related dates, including the discovery cut-off, to July 26, 2023, or a date convenient to this Court and the other parties. Scouts 2020 LLC and Scouts 2020-P LLC join in the motion. No opposition to the motion was filed.

            Discussion

“The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (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).)

In the motion, the Brex Defendants indicate that during her deposition on November 3, 2022, Jessica Mah testified regarding Mah Family IDF LLC and Scouts 2020 LLC. (Turbenson Decl., ¶ 4.) On November 4, 2022, Plaintiff amended the SAC to add Mah Family IDF LLC, Scouts 2020 LLC, and Scouts 2020-P LLC as defendants. (Turbenson Decl., ¶ 5.) Pursuant to California Rules of Court, rule 3.1332, subdivision (c)(5), a circumstance that may indicate good cause for a trial continuance is “[t]he 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.” The Brex Defendants assert that there exists good cause to grant a continuance here because the new parties (Mah Family IDF LLC, Scouts 2020 LLC, and Scouts 2020-P LLC) have recently been joined to this case and have not had a reasonable opportunity to conduct discovery. The Brex Defendants also assert that they have not had a reasonable opportunity (or any opportunity whatsoever) to conduct discovery into Mah Family IDF LLC’s, Scouts 2020 LLC’s, and Scouts 2020-P LLC’s involvement in the case.

The Brex Defendants also cite to California Rules of Court, rule 3.1332, subdivisions (c)(6) and (c)(7), which provide that other circumstances that may indicate good cause for a trial continuance include “[a] party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts,” and “[a] significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” As set forth above, Plaintiff recently filed amendments to the SAC naming new parties as defendants.

            Lastly, the Brex Defendants assert that the facts and circumstances in this case support a trial continuance under California Rules of Court, rule 3.1332, subdivision (d). (See Mot. at pp. 5:21-7:21.)

            Based on the foregoing, and in light of the lack of any opposition, the Court finds that the Brex Defendants have demonstrated good cause for a trial continuance.

Conclusion

Based on the foregoing, Brex Defendants’ motion is granted.

The Court continues the final status conference to ______________, at 10:00 a.m., in Dept. 50 and trial to _____________, at 9:30 a.m., in Dept. 50. The trial readiness and exhibit binders must be lodged by 4 p.m. in Dept. 50 on ___________.

All discovery and motion deadlines are continued based on the new trial date.

The Brex Defendants are ordered to give notice of this ruling.

DATED:  January 18, 2023                                                   

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court