Judge: Yolanda Orozco, Case: 20STCV46696, Date: 2023-01-06 Tentative Ruling

Case Number: 20STCV46696    Hearing Date: January 6, 2023    Dept: 31

MOTION TO CONTINUE TRIAL DATE 

tentative ruling 

Defendant’s Motion to Continue the Trial Date is GRANTED.   

Background 

On December 07, 2020, Plaintiff State Farm General Insurance (“State Farm”) filed a Complaint against Defendant Southern California Edison (“SCE”) and Does 1 to 20 for (1) Negligence, (2) Trespass, and (3) Nuisance. 

Defendant/Cross-Complainant SCE filed a Cross-Complaint on September 21, 2022. The First Amended Cross-Complaint alleges causes of action for (1) Negligence, (2) Trespass, and (3) Nuisance. 

On December 08, 2022, Southern California Edison filed a Motion to Continue the Trial Date. 

The Motion is unopposed. 

Legal Standard 

“To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.” (Cal. Rules of Court (CRC) 3.1332(a).) “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits.¿The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”¿(CRC 3.1332(c).) CRC rule 3.1332, subdivision (c) states what circumstance may indicate good cause and subdivision (d) states what other factors are considered in granting the continuance.¿¿¿¿ 

The party seeking a continuance of the date set for trial, “must make the request for a continuance by a noticed motion or an ex parte application . . .with supporting declarations … [and] as soon as reasonably practical once the necessity for the continuance is discovered.” (CRC 3.1332(b).)¿¿ 

Discussion 

Southern California Edison (“SCE”) assets that it and State Farm agree that the trial date and all related dates, in this case, should be continued for at least ninety (90) days to allow the parties to complete discovery and conduct meaningful settlement negotiations. (Rivera Decl. 3.) 

Pro Per Cross-Defendant John Wesley Graves did not enter his first appearance until about October 18, 2021. At the time of the filing of this Motion, Cross-Defendant Graves has not responded to any of SCE’s discovery requests nor complied with this Court’s Order compelling him to provide verified responses without objections to SCE’s discovery. (See Min. Or. 10/13/22.) 

For this reason, SCE requests a continuance of all cut-off dates, to allow the parties to complete discovery and settlement negotiations. 

Trial is currently set for March 6, 2023. The Court finds that SCE has articulated good cause as to why the trial date should be continued since it has been unable to conduct discovery as to Cross-Defendant Graves despite diligent efforts. (See Cal. Rules of Court, rule 3.1332(d).) 

The Motion is GRANTED. 

Conclusion 

The Final Status Conference is continued from February 21, 2023, to January 12, 2024.  

The Post Mediation Status Conference Re: MSC is continued from January 13, 2023, to October 25, 2023.  

The Trial is continued from March 06, 2023, to January 22, 2024.  All pre-trial deadlines shall be based on the new trial date.  

Moving party to give notice.