Judge: Lee W. Tsao, Case: 21STCV00562, Date: 2025-02-05 Tentative Ruling

Case Number: 21STCV00562    Hearing Date: February 5, 2025    Dept: F

Jimenez v. Golden West Food Group, Inc., et al. 21STCV00562

 This wrongful death action was filed on January 6, 2021. Trial is currently scheduled to begin on March 19, 2025. Defendants Messer LLC, Messer North America, Inc., and Linde Gas North America LLC (Defendants) apply ex parte to Continue Trial and All Trial Related Dates and Deadlines, or, in the alternative, to Shorten Time to Hear Motion. Defendants argue good cause exists because Plaintiffs recently asserted a new product defect requiring additional discovery, lead trial counsel for Defendants had health issues in the second half of 2024 delaying discovery efforts, and counsel for Plaintiff Albarran withdrew in December of 2024. In opposition, Plaintiffs argue that there is no new theory in this case and Defendants have had four years to conduct discovery. Additionally, trial has previously been continued once in this case.

 Defendant’s ex parte application to Continue Trial Date is GRANTED pursuant to California Rules of Court, rule 3.1332(c)(6) - a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. A trial continuance to a date on or after June 19, 2025 is reasonable. The Court will confer with the parties to select a new trial date. The discovery cut-off date and related deadlines will correspond with the new trial date. Moving party to give notice.