Judge: Lee W. Tsao, Case: 23NWCV03411, Date: 2024-12-05 Tentative Ruling

Case Number: 23NWCV03411    Hearing Date: December 5, 2024    Dept: F

Maarat v. 24 Hour Fitness, LLC 23NWCV03411

This premises liability action was filed on October 23, 2023. Trial is scheduled to begin on March 3, 2025, and an MSC is scheduled for December 6, 2024. Defendant moves ex parte to Continue the MSC and Trial Date. Defendant filed a Motion for Summary Judgment which is scheduled to be heard after trial, on June 3, 2025. Additionally, Plaintiff recently added a new defendant who has not yet been served. Defendant makes this application pursuant to a stipulation signed by both parties to continue the trial date and MSC.

Defendant’s ex parte application to Continue the MSC and Trial Date is GRANTED pursuant to California Rules of Court rule 3.1332(c)(5) – the addition of a new party who has not had reasonable opportunity to conduct discovery and prepare for trial. An MSC date in January of 2025, and a trial date in September of 2025 is reasonable and permits Defendant’s Motion for Summary Judgment to be heard. The Court will confer with the parties to select new MSC, FSC, and trial dates. The discovery cutoff date will correspond with the new trial date. Moving party to give notice.