Judge: Yolanda Orozco, Case: 21STCV01322, Date: 2022-10-27 Tentative Ruling

Case Number: 21STCV01322    Hearing Date: October 27, 2022    Dept: 31

MOTION TO CONTINUE TRIAL IS GRANTED 

Background 

On January 12, 2021 Plaintiff Adriana Duarte Valentines (“Plaintiff”) filed a Complaint asserting twenty-five causes of action against Defendant Dedication and Everlasting Love to Animals dba D.E.L.T.A Rescue (“Defendant”) arising from Plaintiff’s employment with Defendant.  The causes of action include violation of the California Labor Code, the FEHA, and the California Family Rights Act, among other things. 

On April 01, 2022 Defendant filed a Cross-Complaint alleging a cause of action for conversion. 

On October 03, 2022, Defendant filed a Motion to Continue Trial. 

Plaintiff filed an opposition on October 14, 2022. Defendant filed a reply on October 20, 2022. 

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 

Defendant asserts that good cause exists to continue the trial date because counsel for Defendant is unavailable for trial. (Cal. R. of Court, rule 3.1332 subds. (b) and (c).) 

Defendant’s previous trial counsel, Lea Francisco left the defense firm and the case was transferred to defense counsel, Lawya Rangel, who is set to appear at trial on January 10, 2022, for a case filed in 2013 titled Felipe Mireles v. ConocoPhillips (LACSC Case No. BC503381). (Rangel Decl. ¶ 8.) Both this instant action and the Mireles action estimate a 7-to-10-day trial. (Id. ¶ 12.) 

This is the second continuance sought by Defendants. The first continuance was granted because Plaintiff amended her Complaint to add a cause of action for national origin discrimination, 88 days before the set trial date, and a continuance was required to conduct additional discovery and proceed with a summary adjudication motion. (Rangel Decl. ¶ 3.) At the time the current trial date was set for January 03, 2023, Rangel had not yet been assigned to the case. 

Rangel reached out to Plaintiff’s counsel to request a continuance, but the request was refused. (Rangel Decl. ¶ 13, Ex. E.) Defense counsel asserts there is no other lead employment trial attorney at her six-partner firm who can handle the case. (Rangel Decl. ¶ 16.)  Moreover, the Cross-Complaint is being prosecuted by a different firm, so contrary to Plaintiff’s allegations, there are no other lead attorneys who can handle the current case. (Rangel Supp. Decl. ¶ 8.) 

Based on the foregoing, the Court finds good cause exists to continue the trial date. The motion is GRANTED. 

Conclusion 

Defendant’s Motion to Continue the Trial Date is GRANTED. Trial is continued to April 3, 2023    and FSC continued to March 23, 2023.  All deadlines will be based on the new trial date. 

Moving party to give notice.