Case Number: BC612811 Hearing Date: June 29, 2018 Dept: 4
MOVING PARTY: Plaintiff Dimitrios Flevotomos
RESPONDING PARTY: None
Motion for Order Continuing FSC Date, Trial Date, and Discovery Cut-Off Date
The court considered the moving papers. No opposition was filed.
BACKGROUND
On March 4, 2016, plaintiffs Tali Revital Evanheim and Dimitrios Flevotomos filed a complaint against defendant Isabel Grigorian for motor vehicle negligence. The trial is currently set for July 26, 2018.
LEGAL STANDARD
Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for
trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”
Under CRC Rule 3.1332(c), “[a]lthough 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.
DISCUSSION
Plaintiff Dimitrios Flevotomos requests that the court continue the trial date to November 8, 2018, because Plaintiff is scheduled for surgery in early June 2018 and will need time to recover. Plaintiff provides that he will require physical therapy after the surgery and will be unavailable for the July 26, 2018 trial date. Counsel for both parties have met and conferred and have agreed to the continuance.
There have been three other continuances in this matter.
The court finds that plaintiff has shown good cause. The motion, therefore, is GRANTED.
The court orders that trial is continued from July 26, 2018, to November 8, 2018, at 8:30 a.m., in Department 4. The Final Status Conference is continued from July 13, 2018, to October 29, 2018, in Department 4. Discovery cut-off, including expert witness exchange, and motion cut-off dates shall be based on the new trial date.
Plaintiff is ordered to give notice of this ruling.
IT IS SO ORDERED.
DATED: June 29, 2018
_____________________________
Dennis J. Landin
Judge of the Superior Court