California, United States of America
The following excerpt is from Hong Chang Fruit and Vegetable Products Corp. v. American Ever-Best Corporation, B201774 (Cal. App. 4/22/2009), B201774 (Cal. App. 2009):
Circumstances that may indicate good cause include: "The unavailability of a party because of death, illness, or other excusable circumstances" and "[a] party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts." (Cal. Rules of Court, rule 3.1332 (c)(2), (c)(6).) The trial court may also consider such other relevant factors as "(1) The proximity of the trial date; [] (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party; [] (3) The length of the continuance requested; [] . . . [] (5) The prejudice that parties or witnesses will suffer as a result of the continuance; [] . . . [] (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance." (Cal. Rules of Court, rule 3.1332(d).) Furthermore, where a litigant requests a last minute continuance, the court must also examine "the degree of diligence in his or her efforts to bring the case to trial." (Oliveros v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1396.)
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