Judge: Lee W. Tsao, Case: 22NWCV00928, Date: 2025-04-01 Tentative Ruling

Case Number: 22NWCV00928    Hearing Date: April 1, 2025    Dept: F

Tirado v. Irvine Auto Retail II Inc., 22NWCV00928

This lemon law action was filed by Plaintiff Paloma Tirado against Defendants Irvine Auto Retail II Inc; Volkswagen Group of America, Inc. and DOES 1 to 10 on October 3, 2022. The Final Status Conference is scheduled for today, April 1, 2025. Trial is scheduled to begin on April 15, 2025. 

Defendant Volkswagen Group of America, Inc. ("Volkswagen") moves for a 90 day continuance of trial to allow for: (1) Defendants' expert witnesses' depositions; and (2) Volkswagen's expert witnesses' trial testimony. Volkswagen states that their designated experts are not available to have their depositions taken or to to attend trial until mid-May (which is after the currently scheduled trial date of April 15, 2025).

Plaintiff argues in Opposition that the ex parte application should be denied because this case is "nearly thirty months old but Defendant waited until just over a month before trial to demand that Plaintiff produce their experts for depositions." (Opp. 2:6-7.) 

Defendant Volkswagen Group of America, Inc.'s Ex Parte Application to Continue trial is GRANTED pursuant to CRC Rule 3.1332(c)(1) - the unavailability of an expert witness because of excusable circumstances. A continuance of 90 days is reasonable, depending on the Court and parties' availabilities. The Court will confer with the parties to select new Final Status Conference and trial dates. Discovery and all related deadlines will track the new trial date. Moving Party to give notice.