Judge: Laura A. Seigle, Case: 21STCV01078, Date: 2022-09-06 Tentative Ruling

Case Number: 21STCV01078    Hearing Date: September 6, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTION TO CONTINUE TRIAL

            Defendant J-M Manufacturing Company, Inc. seeks a seven-month trial continuance from October 3, 2022 to May 2023 so that it can subpoena some third parties.  Defendant states on July 21, 2022, it received production of a job list showing the locations of the jobsites where Wendell Montgomery worked.  Defendant states it wants to subpoena the construction plans for the jobsites to determine whether Montgomery would have encountered asbestos-cement pipe at those locations.  Defendant states it needs the seven-month trial continuance because its counsel has other trials set until May 2023.

            Defendant has shown good cause for a trial continuance but not for seven months.  As Defendant has had the job list for six weeks, Defendant should already be well underway in serving subpoenas for the construction plans.  That trial counsel have a number of other trials set is always the situation.  Many of those cases will settle or will be continued.

            The Court will continue the trial date by three months to allow Defendant to finish subpoenaing the documents and take any follow up discovery.  Trial is continued to January 3, 2023 at 9 a.m.  The FSC is continued to December 19, 2022 at 9 a.m.  All dates are based on the new trial date.

            The motion is GRANTED.  The moving party is to give notice.