Judge: Mark H. Epstein, Case: 20SMCV01275, Date: 2024-11-12 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 20SMCV01275    Hearing Date: November 12, 2024    Dept: I

The court is in receipt of the request to continue the trial.  The reason given is that a party has moved out of the country and supposedly needs notice before trial.  The court finds that to be unconvincing.  The case has been set for trial for a very long time and continued twice both times to allow the parties to complete discovery and complete mediation.  The initial FSC order was given on April 9, 2021.  Unless the move came this week, there is no reason for the unduly late notice or for the matter not being ready for trial.

That said, the case is obviously not ready for trial, so the trial date will have to be vacated.  The court will set a TSC.  The question is when the new trial date ought to be and the amount of sanctions to be imposed for the parties’ mutual decision to ignore the court’s order.  If there is another case that is ready to go, the court will view this as not as troubling as it could have been, more by luck than skill.  But if there is no other case ready to go, the court will view this as the parties not acting diligently or in conformance with orders and the sanction against the parties and counsel will be appropriate to that view because it will have a negative impact on the court’s calendar and on the ability of other cases to get to trial.  As to the next trial date, the court cannot guarantee the date—it could well not be until June or July 2026. The court will also discuss whether to extend the discovery cut offs.  Of course, the parties may agree to take discovery; the question is whether the court will enforce any such agreement.