Case Number: BC656290 Hearing Date: August 08, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO CONTINUE TRIAL; MOTION GRANTED

On April 3, 2017, Plaintiffs Ping Kieta and Richard Kieta (collectively, “Plaintiffs”) filed this action against Defendants National Ready Mixed Concrete Co. and Dario Sanchez (collectively, “Defendants”) for negligence, negligent hiring/retention/supervision/training, and loss of consortium relating to an April 12, 2016 automobile collision. Trial in this matter is currently set for October 3, 2018. Defendants move to continue trial to May 21, 2019 based on the unavailability of trial counsel. (Declaration of Jennifer W. Naples, ¶ 3.)

A 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 as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.)

This is the first trial continuance requested by either party. (Naples Decl., ¶ 4.) Counsel states she has been handling this case and expended substantial time preparing for trial where Plaintiff’s significant treatments have resulted in medical specials of nearly $320,000.00. (Naples Decl., ¶¶ 6, 8.) Counsel states Defendants will suffer prejudice if forced to proceed with a different handling attorney who is unfamiliar with this matter. (Naples Decl., ¶ 9.) Counsel also states additional discovery needs to be completed, including additional depositions.

Plaintiff opposes this Motion on grounds defense counsel’s seven-month continuance to accommodate her extended maternity leave is not reasonable and another attorney at her firm can step into the case and become familiar with the file before trial in October. (Declaration of Erika Contreras, ¶ 6.)

In Reply, defense counsel notes that the parties could stipulate to a six-month continuance without court intervention, if all parties were amenable. Therefore, a seven-month continuance is not unreasonable, given there have been no prior requests for continuance.

The Court finds there is good cause for the requested trial continuance and no prejudice will result to Plaintiffs in granting the continuance. (Cal. Rules of Court, Rule 3.1332.)

The Motion to continue trial is GRANTED. The current trial date of October 3, 2018 is advanced to this date and continued to May 21, 2019, at 8:30 a.m. in Department 7. The current final status conference date of September 17, 2018 is advanced to this date and continued to May 7, 2019, at 10:00 a.m. in Department 7. All discovery and motion cutoffs are continued to reflect the new trial date.

Moving party to give notice.