Judge: Lee W. Tsao, Case: 23NWCV01388, Date: 2025-05-05 Tentative Ruling

Case Number: 23NWCV01388    Hearing Date: May 5, 2025    Dept: F

Dept. F Ex Parte for Monday, May 5, 2025

Garcia v. Gautreau Inc, et al. (23NWCV01388)

This motor vehicle negligence action was filed on May 4, 2023. Trial is set for June 27, 2025. Defendants Art Gautreau, Inc. dba Agi General Contracting and Israel Mejia now move to continue trial and all related dates to a date at least 120 to 180 days after Plaintiff Bryan Garcia’s Motions to Quash can be heard and ruled upon by the Court. Defendants assert Plaintiff has three Motions to Quash set for hearing on dates between October 2025 and March 2026. Defendants assert Plaintiff is purposefully trying to prevent Defendants from obtaining necessary discovery of Plaintiff’s medical records. Defendants realize that “this would push the trial date out extensively, and suggests this court consider advancing those dates to earlier dates, such that the trial extension requested here would not be as long.” (Mot., 4:26-28.)

In opposition, Plaintiff asserts that Defendants have failed to demonstrate good cause warranting a continuance. Plaintiff asserts Defendants delayed in issuing the deposition subpoenas until March 24, 2025 and that Plaintiff properly filed the Motions to Quash thereafter. Plaintiff asserts Defendants have ample time to prepare for trial by re-serving deposition subpoenas that are limited to the scope of this litigation.

The Court is not inclined to continue trial until after Defendants apply ex parte in Dept. SE-C to advance Plaintiff’s Motions to Quash.  Only then can the Court determine how long of a trial continuance may be warranted.  Accordingly, Defendants’ Ex Parte Application to Continue Trial and All Related Dates is CONTINUED to May 19, 2025 at 8:30 a.m. in Dept. SE-F.  Defendants are ORDERED to apply ex parte in Dept. SE-C before that date as set forth above.  Moving party to give notice.