Judge: Jill Feeney, Case: 20STCV42703, Date: 2023-03-16 Tentative Ruling
Case Number: 20STCV42703 Hearing Date: March 16, 2023 Dept: 30
Department 30, Spring Street Courthouse........ AMENDED AT HEARING
March 16, 2023
20STCV42703
Motion to Continue Trial
DECISION
Good cause having been shown, the motion is granted.
The current trial and FSC dates are advanced and vacated.
An OSC Re: Dismissal of Defendants Howard M. Kessler, Estate of Howard M. Kessler, Marjorie H. Kessler, Bennett Dick, and Gerardo Ortiz for failure to Serve within the Two Year Statutory Period/Failure to Enter Default is set for April 20, 2023 at 8:30 a.m.
Counsel for Plaintiff is advised that pursuant to CCP 583.410, 583.420(a)(1), and CRC – Rule 3.110(b) and (f) the Court intends to exercise its discretion to dismiss the action for failing to file a proof of service within two years; and pursuant to CRC - Rule 3.110(g) for failure to enter default.
Trial is set for October 23, 2023 at 8:30 a.m. in Department 30...... (instead of September 18, 2023)
FSC is set for October 9, 2023 at 10:00 a.m. in Department 30......(instead of September 7, 2023 )
Motion cutoff date, discovery cutoff date, expert exchange date and all other dates are to comport with a trial date of October 23, 2023, except for the cutoff date for filing any dispositive motions remains based on the March 30, 2023 trial date.
To the extent that the parties wish to participate in mediation, they are ordered to do so prior to the Final Status Conference date.
The parties should not anticipate any further trial continuances. The 10/23/2023 is a firm trial date and the parties should be prepared and ready to proceed with trial on said date.
Moving party is ordered to provide notice and to file proof of service of such notice within five court days after the date of this order.
