Department 30, Spring Street Courthouse

December 29, 2022 

BC650165

Motion for Reconsideration filed by Plaintiff Alexandra Marsan

The motion is granted. 

Plaintiff commenced this action on February 21, 2017. The five-year deadline to bring the case to trial was February 21, 2022. Pursuant to Emergency Rule 10, the statutory deadline was extended six months to August 21, 2022. 

On March 11, 2021, at a trial setting conference, trial was set for September 8, 2022. 

At the FSC on August 25, 2022, the parties orally agreed to continue the trial to November 16, 2022.  On that same date, the Court ordered the parties to participate in mandatory mediation. 

The case was dismissed on November 2, 2022, at the continued FSC.

The five-year deadline stops running automatically for mediations beginning or continuing into the last 6 months of the 5 year period, from the 4 year and 6 month date after commencement of the action until the date on which a statement of nonagreement is filed under Code Civ. Proc., Section 1775.9. (Gonzalez v County of Los Angeles (2004) 122 CA4th 1124, 1129.) This date becomes the new 4 year and 6 month date and extends the 5 year deadline until 6 months from that date. (Id.; Code Div. Proc., Section 1775.7.) 

Here, no statement of nonagreement has been filed with the court. The Court will therefore run the additional six months under the statute commencing today since it appears that mediation was not successful. Therefore the new statutory deadline is June 28, 2023.

That said, this case should have gone to trial long ago.  

Trial is set for February 17, 2023 at 8:30 a.m. in Department 30.

FSC is set for February 3, 2023 at 10:00 a.m. in Department 30.

All discovery and motions are closed, except for motions in limine which may be filed based upon the new trial date and the completion of the four expert depositions referenced by the parties when the parties sought a trial continuance at the FSC on November 2, 2022.  

To the extent that the parties wish to participate in further mediation, they are ordered to do so prior to the FSC.

The parties should not anticipate any further continuances. This is a firm trial date and the parties should be prepared to proceed. 

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.