Judge Cherol J. Nellon, Case Number: BC720854, Date: 2023-12-20 Tentative Ruling

On September 6, 2018, Plaintiffs June Again, Inc. dba Looking Glass Films (“June Again”) and June Guterman (“Guterman”) filed their Complaint for (1) Breach of Express Warranty and (2) Breach of Implied Warranty against Defendants BMW of North America, LLC (“BMW”); Beverly Hills BMW (“Dealer”); and DOES 1-50.

On February 11, 2019, Plaintiffs voluntarily dismissed Defendant Dealer, without prejudice.

On February 7, 2020, this court granted Defendant BMW’s motion to compel arbitration.[1]

On June 15, 2023, this court granted the parties’ stipulation to return the case to active status.

Plaintiffs now move this court for an order continuing trial to September 16, 2024, with all discovery deadlines to track the new date.

The motion is GRANTED, in part. Trial is continued to May 13, 2024, at 9:00 am. Final Status Conference is continued to May 2, 2024, at 10:00 am. All counsel and any unrepresented parties are to be present in person at the Final Status Conference. Discovery deadlines will not track with the new date.

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.

Plaintiffs base their motion on the fact that Plaintiffs will be celebrating Passover on April 22, 2024 (the current trial date). Passover runs from that date to April 30, 2024. This is good cause to continue the trial. It is not good cause to continue the trial for five months.

Counsel represent that they have vacations in July and August. (Stipulation filed March 15, 2024). This leaves May and June open. Despite the fact that this case may not be near the five-year deadline for purposes of Code of Civil Procedure § 583.310, it is nevertheless more than five actual years old. It should be ready, and it needs to be tried or settled. This court has room on its calendar for May 13, 2024, when this case would be the oldest one set by far. Other trial conflicts will not be a reason to continue this trial unless either trial counsel or this court are actually engaged when the date arrives.

[1] The case was delayed in reaching this court by two peremptory challenges to previously-assigned judges, as well as a removal to and remand from federal district court. Then the motion to compel itself presented unique issues that required multiple rounds of briefing.