Judge: Lee W. Tsao, Case: 23NWCV02155, Date: 2025-04-18 Tentative Ruling

Case Number: 23NWCV02155    Hearing Date: April 18, 2025    Dept: F

Alfaro v. Toyota Motor Sales U.S.A (23NWCV02155)

This lemon law action was filed on July 12, 2023. Trial is set for August 29, 2025. Defendant Toyota Motor Sales U.S.A’s Motion to Compel Plaintiff’s Vehicle for Inspection is set for October 16, 2025. Defendant now moves ex parte to continue trial and the mandatory settlement conference (MSC) to a date convenient to the Court, so that its Motion to Compel can be heard prior. Defendant asserts that, from December 10, 2024 to as recent as April 8, 2025, Plaintiff has not provided dates for the vehicle inspection.

In opposition, Plaintiff asserts that Defendant should have requested that the Motion to Compel be advanced, as trial is more than four months away. Plaintiff’s counsel is working diligently to schedule availability of their client and expert. Counsel is confident the vehicle inspection can occur before trial.

Defendant’s Ex Parte Application to Continue Trial and the Mandatory Settlement Conference is GRANTED, pursuant to CRC Rule 3.1332(c)(6)—A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. The Court will confer with the parties to select a new trial, MSC, and final status conference date. Discovery and all trial deadlines will track the new trial date. Moving Party to give notice.