Judge: Lee W. Tsao, Case: 23NWCV01250, Date: 2025-05-09 Tentative Ruling
Case Number: 23NWCV01250 Hearing Date: May 9, 2025 Dept: F
Escobar v. BMW North
America, LLC (23NWCV01250)
This lemon law action was filed on
April 23, 2023. Trial is set for May 30, 2025. Defendant BMW North America, LLC
now moves to continue trial and all related dates by 90 days to September 1,
2025, or as soon thereafter as the Court can accommodate. Defendant asserts
good cause exists to continue trial for the following reasons: 1) Defendant’s
lead trial counsel, C. Brian Wagner, is on medical leave longer than
anticipated; 2) Defendant’s replacement trial counsel, Dean Olson, has a trial
conflict in two other matters, which are set to start on May 27, 2025; and 3)
the parties have yet to complete discovery, including expert depositions.
Defendant’s Ex Parte Application
to Continue Trial Deadlines is GRANTED, pursuant to CRC Rule 3.1332 (c)(3)—the
unavailability of trial counsel because of death, illness, or other excusable
circumstances. The Court will confer with the parties to select a
new trial and final status conference date. Discovery and
all trial deadlines will track the
new trial date. Moving Party to give notice.