Judge: Theodore R. Howard, Case: 20-1175106, Date: 2023-08-10 Tentative Ruling

Defendants Jorge Jimenez and Miguel Romero Rocha’s (“Defendants”) motion to continue trial is GRANTED.  (Cal. Rules of Court, rule 3.1332(c), (d).)

Per the Opposition and Reply briefs, Defendants have withdrawn the request for 473(b) relief for an order reopening expert discovery, and thus the only issue for the Court to consider is Defendants’ request for a trial continuance.

A motion for continuance is addressed to the sound discretion of the trial court.  (Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1395).  Although continuances are disfavored, the court may grant a continuance of trial upon an affirmative showing of good cause requiring the continuance.  (Cal. Rules of Court, rule 3.1332(c).)

Defendants have shown good cause for a continuance.  Defendants have diligently litigated this matter and have demonstrated that a continuance is necessary due to the unavailability of trial counsel, Robert L. Reisinger, Esq., who will be engaged in trial in another matter in Los Angeles County Superior Court.  (Dilag Decl. ¶ 5, Ex. A; see also, Cal. Rules of Court, rule 3.1332(c)(3) & (d)(8).)

Accordingly, the motion is GRANTED.

Trial is continued to a date to be discussed at the hearing in this department.  Discovery remains closed. 

Counsel for Defendants is to give notice.