Judge: Mark H. Epstein, Case: 19SMCV01265, Date: 2023-01-13 Tentative Ruling

Case Number: 19SMCV01265    Hearing Date: January 13, 2023    Dept: R

The court will discuss the ex parte briefly with counsel.  The court has twice moved the trial due to conflicts that plaintiff’s counsel has had with trial dates.  Here, according to defendants, one of the conflicting trials was set before this trial.  That, however, is not a problem as it will be over before this one starts.  A second trial is to the same effect.  The February trial is the only true conflict.  The court will inquire as to why plaintiff did not raise the issue immediately with Judge Escalente.  Most judges will work with counsel to avoid conflicts if the issue is brought up at the time the trial date is set.  If it was set outside of a hearing, most judges will move it if an immediate request is made.  And if there is no movement, at least the other court (that would be this one) is given a lot more notice, as are the other parties.

The court lacks any confidence that by moving the date, counsel will not just be in conflict again. 

That said, the court is aware that the February trial is not moving and it is a conflict.  While defendants oppose the continuance, they offer no solution other than, presumably, forcing a dismissal.

The court’s tentative thinking is to deny the application without prejudice.  If the long cause trial actually begins and plaintiff’s counsel is actually engaged in trial, then the court will consider moving this trial.  But most cases settle; perhaps that one will settle, too.