Department 30, Spring Street Courthouse

January 5, 2023

21STCV16843

Motion to Continue Trial

With respect to the December 8, 2022 ex parte application to advance the hearing date on this motion, Plaintiff states as follows: “The Court did not take the bench and the Judicial Assistant indicated that a hearing date for January 5, 2023 was available to hear this motions, thus good cause did not exist for an ex parte application at that time.”

The Court reviewed the ex parte application as well as the opposition to it and denied the ex parte without a hearing.  It was the Court that went into the court reservation system and found that hearing dates were available as early as January 5, 2023 and included that information as part of its decision on the ex parte.

Plaintiff’s motion to continue trial is primarily premised on the instant matter being related to and consolidated with another court case. However, the Court has found that the two matters are not related.

However, it is clear from Plaintiff’s filing that the case is not yet ready for trial and there is good cause for a continuance of a much shorter duration than requested.  

The current trial and FSC dates are advanced and vacated.

Trial is set for July 7, 2023 at 8:30 a.m. in Department 30.

FSC is set for June 23, 2023 at 10:00 a.m. in Department 30.

Motion cutoff date, discovery cutoff date, expert exchange date and all other dates are to comport with a trial date of July 7, 2023.

To the extent that the parties wish to participate in mediation, they are ordered to do so prior to the Final Status Conference.
 

The parties should not anticipate any further trial continuances. The July 7, 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.