David Ferguson vs. Joshua Bryant

34-2021-00311493-CU-FR-GDS: David Ferguson vs. Joshua Bryant 12/19/2025 Hearing on Motion to Continue Trial in Department 47

Tentative Ruling

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The motion of Plaintiff David Ferguson (“Plaintiff”) to continue trial is ruled on as follows. Appearances are required to select a trial date.

Trial is currently scheduled for December 23, 2025. Plaintiff moves to continue trial on grounds Plaintiff’s Counsel has conflicts with other actions which are scheduled for trial on December 16, 2025 and December 30, 2025.

Defendants Element 26 Contracting, Inc., Joshua Bryant and Miranda Bryant oppose the motion. Defendants argue Plaintiff’s Counsel’s busy case load is not good cause for a trial continuance.

The Court notes Plaintiff’s Counsel does not merely claim a busy case load. Rather, Plaintiff’s Counsel asserts he is unavailable for trial due to conflicts in two other actions pending in this action. The unavailability of Counsel due to excusable circumstances is good cause for a continuance. (Cal. Rules of Court, rule 3.1332.) Further, the purpose of a continuance based on Counsel’s trial conflicts is to protect the client’s right to the choice of counsel. (See Oliveros v. Los Angeles (2004) 120 Cal.App.4th 1389.)

Upon review, this Court’s own records confirm that Plaintiff’s Counsel appeared at trial assignment in the other action on December 16, 2025 and that the action was assigned to a judge for trial. Under these circumstances, the Court is satisfied that Counsel is unavailable due to excusable circumstances.

34-2021-00311493-CU-FR-GDS: David Ferguson vs. Joshua Bryant 12/19/2025 Hearing on Motion to Continue Trial in Department 47

The motion to continue trial is granted. Plaintiff proposed trial be scheduled for March 9, 2026, or the earliest date available thereafter. However, Defendants indicate they are available for trial between February 23, 2025 and March 13, 2026, or after July 13, 2026. Given the conflicting availability and the condition of the Court’s calendar, the Court is unable to select a trial date. Appearances are therefore required.

Before the hearing, the parties are directed to meet and confer as to three mutually agreeable trial dates. Further, as this is the second continuance, the parties are directed to contact their clients, experts, and essential witnesses to ensure that a further continuance due to foreseeable conflicts will not be necessary.

This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.

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If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.