Judge: Lee W. Tsao, Case: 23NWCV01630, Date: 2025-01-16 Tentative Ruling

Case Number: 23NWCV01630    Hearing Date: January 16, 2025    Dept: F

Gavrich v. Aldi, Inc., et al. 23NWCV01630

This premises liability action was filed on May 24, 2023. Trial is currently scheduled to begin on February 14, 2025, and a final status conference (FSC) is scheduled for January 31, 2025. Plaintiff’s counsel’s Motion to be Relieved as Counsel is currently scheduled to be heard after trial, on September 24, 2025. Plaintiff now moves ex parte for the following relief: (1) continue the trial and FSC dates by 120 days, (2) continue discovery and motion deadlines in accordance with the new trial date, and (3) advance Plaintiff’s counsel’s motion to be relieved as counsel to be heard before the continued trial date. Plaintiff’s counsel argues good cause exists because he has been unable to establish communication with Plaintiff, and the parties will suffer harm if this case proceeds to trial without Plaintiff’s involvement.

Plaintiff’s Ex Parte Application to Advance Hearing Date on Plaintiff’s Motion to be Relieved as Counsel is GRANTED.  The motion is ADVANCED to today’s date and CONTINUED to Wednesday, March 5, 2025, at 10:30 AM in Dept. C.  Plaintiff’s Ex Parte Application to Continue Trial is GRANTED pursuant to California Rules of Court, rule 3.1332(c)(7) (a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial).  A trial continuance of 120 days is reasonable. The Court will confer with the parties to select new trial and FSC dates. The discovery cut-off will track the new trial date.  Moving party to give notice.