Tentative Ruling on Motion to Continue Trial: Plaintiff, Danny Lee Cox moves pursuant to CRC 3.13321 to continue the trial date presently set for October 23, 2018 on the grounds that he may need further treatment and/or surgery.
The Court has discretion to continue a trial date upon a showing of “good cause.” CRC 3.1332(c). Circumstances that may indicate good cause includes: a party’s excused inability to obtain essential documents and discovery despite diligent efforts; and a significant unanticipated change in the status of the case as a result of which the case is not ready for trial. CRC 3.1332(c)(6) and (7). Both circumstances apply in the present situation. Particularly considering this case was originally filed less than one year ago, the Court finds good cause to provide a short continuance of the trial date.
The motion is GRANTED. A review hearing is set for Monday, October 15, 2018 at 9:00 a.m.in Department 3 for trial re-setting. Plaintiff is ordered to exercise due diligen
Hearing Date
September 10, 2018
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Tentative Ruling on Motion to Continue Trial: Plaintiff, Danny Lee Cox moves pursuant to CRC 3.13321 to continue the trial date presently set for October 23, 2018 on the grounds that he may need further treatment and/or surgery.
The Court has discretion to continue a trial date upon a showing of “good cause.” CRC 3.1332(c). Circumstances that may indicate good cause includes: a party’s excused inability to obtain essential documents and discovery despite diligent efforts; and a significant unanticipated change in the status of the case as a result of which the case is not ready for trial. CRC 3.1332(c)(6) and (7). Both circumstances apply in the present situation. Particularly considering this case was originally filed less than one year ago, the Court finds good cause to provide a short continuance of the trial date.
The motion is GRANTED. A review hearing is set for Monday, October 15, 2018 at 9:00 a.m.in Department 3 for trial re-setting. Plaintiff is ordered to exercise due diligen