Judge: Elaine Lu, Case: 22STCV38795, Date: 2024-01-29 Tentative Ruling

Case Number: 22STCV38795    Hearing Date: January 29, 2024    Dept: 26

22STCV38795 (Adzhemyan v JK Residential Svcs) MinOrder.ExParte.2024-01-19

Plaintiff’s ex parte application for continuance of the jury trial submitted on January 26, 2024 is CONTINUED TO February 2, 2024 at 8:30 am.  The Court requires additional information before it will grant the application.

In the current stipulation, the parties have also failed to articulate precisely what discovery the parties must still pursue before announcing ready for trial (including naming witnesses to be deposed and written discovery to be propounded and responded to).  Nor have the parties explained why the current trial date does not provide them adequate time to complete what additional discovery remains.

Prior to the continued FSC, the parties may file an amended stipulation that identifies all discovery that still must be completed and all motions that must be heard prior to the parties announcing ready for trial, including witnesses who must be deposed identified by name and all written discovery to be exchanged.  The stipulation must set forth a joint discovery plan with stipulated firm dates for all witnesses (including experts) who remain to be deposed (identified by name), as well as deadlines for exchange of written discovery.  If any written discovery must be propounded prior to the parties announcing ready for trial, the parties should serve and propound all such written discovery prior to the parties filing a renewed stipulation to continue the trial.  If any motions, including discovery motions, must be heard prior to the parties announcing ready for trial, all of those motions should be filed and served prior to the parties filing a renewed stipulation to continue the trial.

The parties suggest in their stipulation that they would like to mediate before trial.  If so, the parties should schedule a firm date with a mediator, and the new stipulation requesting a trial continuance should identify the date on which mediation has been scheduled. 

If the parties will be mediating, the stipulation must also identify the date on which mediation has been scheduled.  

In addition, the amended stipulation should confirm the accuracy of the parties’ time estimate for trial (5-7 days).

If the Court grants the parties' amended stipulation for a trial continuance, the new trial date would be July 15, 2024.  Any amended stipulation must set forth that: (1) the parties have cleared the new trial date of July 15, 2024 with all parties, witnesses, and trial counsel , (2) each of the parties, witnesses, and trial counsel will be available on the new trial date and have cleared their calendars for the entire anticipated duration of trial plus one extra week.

The Court Clerk is to give electronic notice to all parties.