Judge: Lisa K. Sepe-Wiesenfeld, Case: 24SMCV01260, Date: 2024-07-03 Tentative Ruling
Case Number: 24SMCV01260 Hearing Date: July 3, 2024 Dept: N
TENTATIVE RULING
Plaintiffs Viacheslav Pevchenko and Labazangadzhi Kurbanov’s Motion for a Continuance is GRANTED.
Defendant Joshua Romero’s Demurrer to Plaintiffs’ First Amended Complaint is CONTINUED to a date to be determined at hearing.
Defendant Joshua Romero’s Motion to Strike Portions of Plaintiffs’ First Amended Complaint is CONTINUED to a date to be determined at hearing.
No further briefing will be permitted.
Clerk to give notice.
REASONING
Plaintiffs Viacheslav Pevchenko and Labazangadzhi Kurbanov’s Motion for a Continuance
Plaintiffs Viacheslav Pevchenko and Labazangadzhi Kurbanov (“Plaintiffs”) move the Court for an order continuing the hearing of Defendant Joshua Romero (“Defendant”)’s Demurrer to Plaintiffs’ First Amended Complaint and Motion to Strike Portions of Plaintiffs’ First Amended Complaint on the ground they were initially sent a hearing date for March 2025, they have a small claims case hearing on the same date as this present hearing, they need a Russian interpreter, and they request additional time to file an opposition to the demurrer. The Court finds good cause to continue the hearing.
Evidence Code section 452, subdivision (a), provides that “[w]hen a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter whom the witness can understand and who can understand the witness shall be sworn to interpret for the witness.” (See also Gov. Code, § 68092.1, subd. (b) [“a court may provide an interpreter in any civil action or proceeding at no cost to the parties, regardless of the income of the parties”].) Accordingly, Plaintiffs Viacheslav Pevchenko and Labazangadzhi Kurbanov’s Motion for a Continuance is GRANTED. Defendant Joshua Romero’s Demurrer to Plaintiffs’ First Amended Complaint and Motion to Strike Portions of Plaintiffs’ First Amended Complaint are CONTINUED to a date to be determined at hearing. No further briefing will be permitted.