Judge: Lee W. Tsao, Case: 22NWCV01016, Date: 2025-01-22 Tentative Ruling

Case Number: 22NWCV01016    Hearing Date: January 22, 2025    Dept: F

Kramer v. Martinez, et al. (22NWCV01016)

This partition action was filed on October 14, 2022. The Final Status Conference was held on January 14, 2025. Trial is set for January 28, 2025. Defendant Marcus Martinez now moves ex parte to continue trial. Defendant argues he has four pending motions on scheduled in March, June, and July 2025. Defendant further has two witnesses unavailable to testify at trial due to the current Los Angeles wildfire emergency. Further, Defendant argues that Plaintiff’s noncompliance with Court rules, failure to participate in discovery, and other conduct has caused Defendant to be unprepared for trial.

The October 15, 2024 Minute Order indicates that Court set trial for January 28, 2025 and stated there would be no further trial continuances. The Minute Order also indicates discovery remained closed and the discovery cut off dates were not extended.  However, given the unavailability of Defendant’s witnesses and the absence of any objection by Plaintiff, Defendant’s Ex Parte Application for a New Trial Date is GRANTED pursuant to CRC Rule 3.1332(c)(1)—The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances. The Court will confer with the parties to select a new trial date. Discovery will remain closed. Moving Party to give notice.