Judge: Lee W. Tsao, Case: 24NWCV01790, Date: 2025-05-23 Tentative Ruling

Case Number: 24NWCV01790    Hearing Date: May 23, 2025    Dept: F

Bernardez v. La Cada 24NWCV01790

This wrongful termination action was filed on June 11, 2024. Defendant LA CADA's Motion for Summary Judgment (filed on April 3, 2025) is scheduled to be heard on June 24, 2025 in Dept. P. Trial is scheduled to begin on July 29, 2025 in Dept. P. Plaintiff's Discovery Motion is scheduled to be heard after trial on September 23, 2025 in Dept. P. Plaintiff has another Discovery Motion scheduled to be heard after trial on March 19, 2026 in Dept. P. 

The Court notes that a Notice of Reassignment was filed in this case on May 2, 2025, which states that effective June 2, 2025, this action will be reassigned to Judge Ann H. Park as an individual, direct calendaring judge for all purposes, including trial, in Dept. P. 

Defendant LA CADA now moves ex parte to continue trial for approximately 90 days for the following reasons: (1) Plaintiff has refused to participate in discovery, including failing to appear at deposition, failing to timely respond discovery served, and recently filing motions to "strike" discovery LA CADA has served; and (2) LA CADA's summary judgment motion is set to be heard on June 24, 2025 and a trial continuance is needed to prevent the parties from unnecessarily preparing for trial if the motion disposes of the action. 

Defendant LA CADA's Ex Parte Application to Continue Trial 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. Depending on the Court and parties' availabilities, a 90 day continuance of trial is reasonable. The Court will confer with the parties to select new FSC and Trial dates. Discovery and all related deadlines will track the new trial date. Moving Party to give notice.