Judge: Lee W. Tsao, Case: 23NWCV01553, Date: 2025-04-03 Tentative Ruling

Case Number: 23NWCV01553    Hearing Date: April 3, 2025    Dept: F

Soto v. BMW of North America, LLC 23NWCV01553

This lemon law action was filed on May 19, 2023. Trial is scheduled to begin on May 15, 2025 at 9:30 a.m. in Dept. SE-F. Plaintiff's Motion to Compel Compliance with the Court's February 5, 2025 Discovery Order ("Motion to Compel Compliance") is scheduled to be heard on May 15, 2025 at 8:30 a.m. in Dept. SE-C. 

Plaintiff now moves ex parte to continue trial and all related dates for at least 90 days for the following reasons: (1) Plaintiff's trial counsel is not available to begin trial on the scheduled date; (2) Plaintiff needs additional time to seek court intervention to compel the deposition of Defendant's Person Most Knowledgeable; and (3) Plaintiff's Motion to Compel Compliance is scheduled to be heard on the date trial is set to commence. Plaintiff will require additional time to have Plaintiff's Motion heard. 

Plaintiff's Ex Parte Application to Continue Trial and all Related Dates is GRANTED pursuant to CRC Rule 3.1332(c)(3) - the unavailability of trial counsel because of excusable circumstances and CRC Rule 3.1332(c)(6)- a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. Depending on the Court and parties' availabilities, a continuance of 90 days for both the Final Status Conference and the Trial date is reasonable.  The Court will confer with the parties to select new FSC and Trial dates. Discovery and all related deadlines will track the new trial date. 

On the Court's own Motion, Plaintiff's Motion to Compel Compliance with the Court's February 5, 2025 Discovery Order is ADVANCED to this date and CONTINUED to Thursday, May 15, 2025 at 9:30 a.m.in Dept. SE-C. Law and motion hearings take place at 9:30 a.m. and 10:30 a.m. on Thursdays in Dept. C. Only ex parte matters are heard at 8:30 a.m.

Moving Party to give notice. 

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