Judge: Lee W. Tsao, Case: 21NWCV00501, Date: 2025-02-14 Tentative Ruling

Case Number: 21NWCV00501    Hearing Date: February 14, 2025    Dept: F

Gutierrez v. Nekola (21NWCV00501)

This breach of construction contract action was filed on August 3, 2021. Trial is set for February 25, 2025. Plaintiff now moves ex parte to continue trial for the following reasons: 1) Defendant has reneged on its agreement to waive jury trial, 2) a material witness is recovering from surgery, 3) Plaintiff currently has a Motion to Quash Deposition Subpoena on calendar for April 10, 2025, and 4) Defendant has untimely served 7 motions in limine. Plaintiff seeks a 60-day trial continuance or to a mutually convenient date based upon the Court’s and parties’ calendars, without re-opening discovery or extending motion cutoff dates.

Plaintiff’s Ex Parte Application for an Order to Continue Trial is GRANTED pursuant to CRC Rule 3.1332(c)(1) and (7). The Court finds a short 60-day continuance will not prejudice the parties and will allow for the Motion to Quash and other issues to be resolved. The Court will confer with the parties to select a new trial and final status conference date. The discovery cutoff and other motions cutoff dates are not extended. Moving Party to give notice.