Motion to Continue Trial
23CV007585: ALEXANDER vs PETER J. KIM, DDS A PROFESSIONAL CORPORATION, et al. 06/27/2025 Hearing on Motion to Continue Trial in Department 47
Tentative Ruling
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The motion of Plaintiff Patricia Alexander (Plaintiff) to continue trial is ruled on as follows.
Trial in this action is scheduled for August 5, 2025. Plaintiff requests to continue trial. No party filed an opposition.
To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. (Cal. Rules of Court, rule 3.1332(a).) Although continuances of trial are disfavored, each request for a continuance must be considered on its own merits. (Id., rule 3.1332(c).) The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. (Ibid.) The general rule governing continuances set forth in section 9 [of the Standards of Judicial Administration] is that . . . the necessity for the continuance should have resulted from an emergency occurring after the trial setting conference that could not have been anticipated or avoided with reasonable diligence and cannot now be properly provided for other than by granting of a continuance. (Lazarus v. Titmus (1998) 64 Cal.App.4th 1242, 1250 [emphasis added].)
A continuance to complete discovery is good cause where a party has been unable to obtain essential evidence despite diligent efforts. (
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Plaintiff seeks a continuance because Defendant Peter Kim (Kim) failed to appear at a noticed deposition and failed to produce documents at the deposition. Plaintiff filed separate motions to
23CV007585: ALEXANDER vs PETER J. KIM, DDS A PROFESSIONAL CORPORATION, et al. 06/27/2025 Hearing on Motion to Continue Trial in Department 47
compel Kim to appear at the deposition and to produce the documents, which are currently pending for hearing on July 10, 2025 and October 2, 2025.
In addition, the Court notes that Defendant Peter J. Kim, DDS is a corporation that is currently unrepresented by counsel and would therefore be unable to participate at trial.
. Based on the foregoing and the factors set forth in California Rules of Court, rule 3.1332, the Court finds good cause for a continuance.
The motion is granted. The July 3, 2025 MSC and the August 5, 2025 trial dates are VACATED.
Plaintiff requests a continuance of at least six months and did not propose a specific date for trial. Further, the parties failed to comply with Local Rule 2.11, which requires all parties to provide their availability for trial when a motion to continue trial is pending, regardless of whether the motion is opposed. As the Court lacks sufficient information to select a trial date that will not result in a conflict, the Court will refer this action to the trial setting process.
This case is referred to the Trial Setting Process for selection of Trial and Mandatory Settlement Conference dates. All counsel (including parties appearing in pro per) shall confer and agree upon trial and settlement conference dates. Available dates can be obtained on the court's web site at http://www.saccourt.ca.gov, or by recorded message at 916-874-6098. Plaintiff's counsel must notify the court of the selection of Mandatory Settlement Conference and Trial dates within 60 days of the date of this order by completing the request form at https://www.saccourt.ca.gov/civil/trial-setting.aspx. If the parties have not agreed on dates before the 60th day, court staff shall assign Mandatory Settlement Conference and Trial dates that are next available, unless an extension of time has been granted by the appropriate Case Management Program Judge.
All statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.
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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV007585: ALEXANDER vs PETER J. KIM, DDS A PROFESSIONAL CORPORATION, et al. 06/27/2025 Hearing on Motion to Continue Trial in Department 47
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.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 68086 and California Rules of Court, rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.
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 Reporters Office and an official reporter will be provided.