Department 30, Spring Street Courthouse

December 30, 2022 

BC650165

Motion for Reconsideration filed by Plaintiff Alexandra Marsan

The motion is granted. 

In the alternative, the Court corrects its own error in computing time. Although parties may move for reconsideration only as authorized by Code of Civil Procedure section 1008, the statute “do[es] not limit the court's ability, on its own motion, to reconsider its prior interim orders so it may correct its own errors.” (Le Francois v. Goel¿(2005) 35 Cal.4th 1094, 1107.) 

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 period is tolled for the aggregate time that a judge orders the trial of a case to be continued because of courtroom unavailability. (Coe v City of Los Angeles (1994) 24 CA4th 88, 92–93.) A plaintiff should also be given credit for time the case cannot go forward, such as time lost due to illness of a trial judge. (Id.) 

On July 31, 2020, the Court vacated the FSC and trial pursuant to Emergency Covid-19 orders. The Court then continued the trial setting conference set for August 13, 2020 to March 11, 2021.

With respect to the dates where the Court vacated and did not reset trial due to Covid-19, the five year deadline should have tolled for 223 days (that is the days between7/31/2020 and 3/11/2021).

Under this calculation, trial needed to begin by April 1, 2023 (8/21/2022 plus 223 days) in order to be timely under the statute.   

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.