Judge: Lee W. Tsao, Case: 23NWCV03006, Date: 2025-02-20 Tentative Ruling

Case Number: 23NWCV03006    Hearing Date: February 20, 2025    Dept: F

Bombela-Piceno v. Lakin Tire West, Inc. 23NWCV03006

This personal injury action was filed on September 25, 2023.  The Mandatory Settlement Conference is scheduled for February 21, 2025. The Final Status Conference is scheduled for June 2, 2025. Trial is scheduled to begin on June 16, 2025. 

Defendants move ex parte for an order to continue the MSC and trial dates in this matter for approximately 180 days for the following reasons: (1) Defense counsel only recently took over as handling attorney and trial counsel on September 4, 2024; (2) Neither Defendants nor their experts have been afforded the opportunity to receive, review, or analyze Plaintiff's complete subpoenaed records and films/imaging. Records are pending and outstanding from at least 18 providers; (3) Defendant Enrique Segura III has not yet been deposed and is out of the country and unavailable for his deposition until March or April 2025; (4) Defendants have not yet been able to depose Plaintiff, Plaintiff's medical providers, or Plaintiff's employers. Defendants indicate that no depositions have been conducted in this case to date.

Defendants' Ex Parte Application to Continue the Mandatory Settlement Conference, Final Status Conference, and Trial Dates is GRANTED pursuant to CRC 3.1332(c)(6) -  A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. A continuance of approximately 180 days is reasonable. The Court will confer with the parties to select new MSC, FSC, and Trial dates. Discovery and motion deadlines will track the new trial date. Moving Party to give notice.