Judge: Mark H. Epstein, Case: 20SMCV01074, Date: 2025-05-05 Tentative Ruling

Case Number: 20SMCV01074    Hearing Date: May 5, 2025    Dept: I

The matter is here for an FSC.  The court gave its original FSC order on November 18, 2021.  The matter was here before for an FSC, but was continued.  The case is almost five years old.  The court has received no FSC materials.

The parties have sought a continuance.  The basis is that an associate is on medical leave and settlement discussions are ongoing.  Further, defendant just secured a large judgment in a case that has been going on for 19 years.  That is purportedly the source of the funds that will be used to settle the case, but collection will be a challenge.  Without that money, though, the defendant is judgment proof and cannot pay any damages.  They are therefore seeking to continue the matter for another year.

The court’s inclination is to DENY the stipulation to continue the case.  If the parties want to settle, then they ought to settle.  If defendant ultimately collects the money, then he does and plaintiff can recover from that fund.  If he does not collect the money, then he is likely judgment proof and it is time to put this case out of its misery.  But the time has come to try the case or resolve it one way or the other.

The fact that an associate is on medical leave is not sufficient.  In other circumstances and if the court’s docket were less crowded, the court might well do something to enable a less experienced lawyer to get trial experience.  But not here.  This case is too old for the court to view that as a reason to continue the matter.

The court will therefore inquire as to the status of the case.  It seems that the parties really need to come to a resolution and perhaps build in some safeguards to ensure that plaintiff is kept informed as to the collection status so that plaintiff can get the money.  Alternatively, defendant can always assign the judgment, or part of it, to plaintiff and let plaintiff chase the money.  But that is no reason to continue this case.  The court expects the parties to answer ready for trial at the proper date.  The court will discuss FSC materials, but they likely will need to be filed tomorrow.  Counsel are unlikely to get any sleep between now and then.  The only potential exception to this is if the other case scheduled to start next week is not ready either.  If that is the case, the court will discuss the situation with counsel.