Judge: Cherol J. Nellon, Case: 23STCV05109, Date: 2025-01-14 Tentative Ruling
Case Number: 23STCV05109 Hearing Date: January 14, 2025 Dept: 14
#11
Case Background
This is an action for breach of contract and breach of
the covenant of good faith and fair dealing. Plaintiff alleges that Defendant
failed to investigate Plaintiff’s insurance claim and make payment to Plaintiff
under an insurance policy.
On March 8, 2023, Plaintiff Moto-Science, LLC filed its
Complaint against Defendant Fidelity National Title Insurance Company.
On November 14, 2024, Defendant filed this motion to
continue trial.
Trial is currently scheduled for May 5, 2025.
Instant Pleading
Defendant moves to continue trial and related deadlines
by 180 days.
Decision
Discussion
Defendant argues good cause for a continuance of trial
and related deadlines exists because the parties require more time to complete
discovery. (Jones Decl., ¶3.) Defendant was only served in February 2024 and
the parties have an informal discovery conference scheduled in January 2025. (Id.)
Additionally, the parties require more time to complete settlement discussions.
(Id., ¶4.) Additionally, due to the delay in service and ongoing discovery
disputes, Defendant would not have sufficient time to file a motion for summary
judgment after the parties’ discovery conference. (Id., ¶¶7-8.)
In light of
the parties’ progress in discovery and their continued settlement discussions,
the Court finds that good cause exists to continue trial and related dates. It
would be in the interests of justice to allow the parties more time to complete
discovery and settlement negotiations. However, 120 days is a more reasonable
amount of time for the parties to complete these matters. The motion to
continue trial is GRANTED.
Conclusion
Defendant’s motion to continue trial and related
deadlines is GRANTED. Trial and related deadlines are continued for Jury Trial
on July 21, 2025, at 9:00 a.m., and Final Status Conference on July 8, 2025 at
10:00 a.m.