Judge: Lee W. Tsao, Case: 23NWCV00487, Date: 2024-12-24 Tentative Ruling

Case Number: 23NWCV00487    Hearing Date: December 24, 2024    Dept: F

Cureno, et al. v. American Honda Motor Co. 23NWCV00487

This lemon law action was filed on February 15, 2023. Trial is currently scheduled to begin on January 22, 2025. Defendant’s Motion to Compel the Vehicle Inspection is currently scheduled to be heard after trial, on February 27, 2025. Defendant now moves ex parte to Continue Trial by four months or, alternatively, to advance the hearing date on the Motion to Compel Vehicle Inspection and continue trial for a shorter period. Defendant argues good cause exists because both parties have yet to complete discovery. Defendant’s counsel additionally indicates that Plaintiff’s counsel stipulates to a continuance.

Moving party is advised that the ex parte application does not include a proposed order as required by Cal. Rules of Court, rule 3.1201.  Nevertheless, Defendant’s ex parte application to Continue Trial 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 continuance for a trial date on or after May 22, 2025, is reasonable. The Court will confer with the parties to select a new trial date. The discovery cut-off will track the new trial date. Based on the foregoing, Defendants’ alternative request to advance the hearing date is DENIED. Moving Party to give notice.