Judge: Lee W. Tsao, Case: 20STCV49554, Date: 2025-03-26 Tentative Ruling

Case Number: 20STCV49554    Hearing Date: March 26, 2025    Dept: F

Munoz v. Maggie’s Pub, et al. (20STCV49554)

This personal injury action was filed on December 28, 2020. Trial is set for May 28, 2025. Defendant/Cross-Complainant/Cross-Defendant Telegraph Ventures, LLC dba Maggie’s Pub now moves ex parte to continue trial to a date on or after September 29, 2025. Defendant asserts that, in order to complete its Motion for Summary Judgment and prepare for trial, it needs to take the depositions of three defendants, Jovann Sanchez, Arturo Gonzalez, and Andy Gonzalez, who have objected to the Defendant’s Notices of Deposition served on September 25, 2024. Defendant further asserts that it needs to depose an incarcerated Defendant, Kyle Michael Mangubat, who refused to answer substantive questions at his deposition on March 6, 2025. Defendant understands that Plaintiff intends to file a Motion to Compel Deposition of Mr. Magubat. Defendant also asserts that its primary handling attorney recently left Defense counsel’s firm, and a new handling attorney has been assigned to the case. Time is needed for new counsel to file a pro hac vice application and familiarize himself with the case. Lastly, Defendant’s lead trial counsel, Mr. Lenkov, is currently taking time off work for medical reasons and will separately be out of the country from May 4 to 11, 2025. There have been three prior trial continuances.

In opposition, Plaintiff Alayah Ricky Munoz asserts that 1) the Motion for Summary Judgment deadline has passed, and Defendant has delayed in noticing the depositions of the three security guards; 2) Plaintiff does not intend to file a Motion to Compel Deposition of Kyle Michael Mangubat, where both parties may use his criminal trial testimony instead; 3) Defendant delayed in filing this ex parte since the prior handling attorney left the Defense firm, and the new handling attorney has ample time to prepare for trial; and 4) Mr. Lenkov has not been involved in the matter thus far. In sum, Plaintiff asserts no good cause exists to continue trial because such circumstances are due to Defendant’s own delay.

Defendant Telegraph Ventures, LLC dba Maggie’s Pub Ex Parte Application to Continue Trial and All Pre-trial Cutoffs and Deadlines is GRANTED pursuant to CRC Rule 3.1332(c)(4) —The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice, and (6)—A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. The Court finds Plaintiff has not sufficiently demonstrated that a trial continue will prejudice Plaintiff. The Court will confer with the parties to select a new trial and final status conference date. Discovery and all trial deadlines will track the new trial date. Moving Party to give notice.