Judge: Lee W. Tsao, Case: 23NWCV02694, Date: 2024-12-05 Tentative Ruling

Case Number: 23NWCV02694    Hearing Date: December 5, 2024    Dept: F

Celaya v. Silva, et al. 23NWCV02694

This personal injury action was filed on August 8, 2023. Trial is currently scheduled to begin on January 7, 2025. Defendants move ex parte for an order to Continue Trial Date and Final Status Conference Date due to a significant, unanticipated change in the case. During a mediation on November 12, 2024, it was disclosed that Plaintiff requires a shoulder surgery, and Defendants have yet to receive relevant medical records. Additionally, Defendants state their expert Dr. Srinivas is not available to testify between January 9, 2025, to January 13, 2025. In opposition, Plaintiffs contend there are inconsistencies in Defendant’s declarations regarding expert availability but agree to a trial continuance of no longer than 30 days.

Defendants’ request to Continue Trial Date and Final Status Conference 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 continuance for a trial date on or after February 25, 2025, is reasonable. The Court will confer with the parties to select a new trial date. The discovery cut-off will track the new trial date. Moving Party to give notice.