Judge: Lee W. Tsao, Case: 24NWCV03161, Date: 2025-01-30 Tentative Ruling

Case Number: 24NWCV03161    Hearing Date: January 30, 2025    Dept: F

Vernola-Salas v. Urban Soccer 5 Center, LLC 24NWCV03161

This action for commercial unlawful detainer was filed on September 11, 2024. Trial is scheduled to begin on February 3, 2025. Defendants' Motion for Summary Judgment is scheduled to be heard after trial on February 20, 2025. Defendants also have five Motions to Compel Further Discovery Responses scheduled to be heard after trial on November 19 and 20, 2025. 

Defendants now move ex parte to continue trial so that Defendant's Motion for Summary Judgment and motions to Compel Further Discovery Responses can be heard before trial; and because Defendants need additional time to obtain necessary discovery in order to prepare a defense at trial. 

In Opposition, Plaintiff argues that the ex parte application should be denied because this unlawful detainer action is entitled to priority and Defendant's application fails to show good cause for a continuance because the outstanding discovery fails to provide support for its continued unlawful possession of the Subject Property. 

In addition to this subject Ex Parte Application to Continue Trial, Defendants are also moving ex parte to advance the dates on Defendant Motion for Summary Judgment and five Motions to Compel Further Responses to Discovery-- That ex parte application is currently pending in Dept. C. 

Defendants' Ex Parte Application to Continue Trial and All Related Deadlines 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. A continuance to a date on or after late March 2025 is reasoanble, depending on the Court and parties' availabilities. The Court will confer with the parties to select a new trial date. Moving Party to give notice.