Judge: Lee W. Tsao, Case: 22NWCV00583, Date: 2024-12-02 Tentative Ruling

Case Number: 22NWCV00583    Hearing Date: December 2, 2024    Dept: F

Charles E. Pell, Trustee of the Charles Estrada Pell 2019 Trust Dated 2/19/2022, et al. v. Herrera, et al. 22NWCV00583

This partition action was filed on July 7, 2022. Trial is currently scheduled to begin on January 21, 2025. At the mandatory settlement conference on October 16, 2024, the parties agreed in principle to a settlement. Plaintiff now moves ex parte to Continue Trial and Related Deadlines to allow time to reach a settlement, or in the alternative, to perform additional discovery.

Plaintiff’s request to Continue Trial and Related Deadlines is GRANTED. California Rules of Court, rule 3.1332(c)(6) permits a continuance for a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. A trial continuance to a date in November of 2025 is reasonable, subject to the availability of the Court and Counsel.  The discovery cut-off date and related deadlines will correspond with the new trial date. Moving party to give notice.