Judge: Cherol J. Nellon, Case: 19STCV43419, Date: 2023-11-15 Tentative Ruling

Case Number: 19STCV43419    Hearing Date: November 15, 2023    Dept: 14

Instant Motion

Defendants District and Matthews now move this court for an order continuing trial for four months.

Decision

            The motion is DENIED.

Discussion

            California Rules of Court Rule 3.1332(a) provides that trial dates are to be treated as firm. However, Rule 3.1332(c) provides that, although continuances are “disfavored,” requests should be considered on an individual basis. That subsection also includes a non-exhaustive list of possible grounds for a continuance.

            The sole ground for this motion is the parties’ desire to mediate the case. At the time this motion was filed, trial was a mere 10 days away. However, subsequent to the filing of this motion and for unrelated reasons, the trial was continued for two months. Court staff have repeatedly inquired from both counsel as to whether a mediation date has been scheduled. No definite answer has been given.

            This court ordered the parties to participate in the court’s Resolve Law LA mediation program on October 10, 2022. They have had a year to obtain a date and hold a mediation session. This case is now four years old. It is time to try this case.

Conclusion

            Because the parties have had years to arrange mediation and have received an additional two months since the filing of this motion, the motion is DENIED.