Judge: Mark H. Epstein, Case: 21SMCV00149, Date: 2024-05-02 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: 21SMCV00149    Hearing Date: May 2, 2024    Dept: I

This is a motion to continue the trial.  The motion is DENIED. 

The court set the initial trial date about 17 months ago.  That was plenty of time to get everything done that needed to be done.  Defendant complains that plaintiff has not agreed to a date for the deposition despite diligence.  But the court has not seen evidence of diligence and the court does not recall defendant seeking this court’s aid if plaintiff was truly being recalcitrant.  Defendant’s moving papers suggested that the deposition would take place on April 9, and April 19.  The court assumes, therefore, that the deposition is complete.  If not, the court will discuss what the appropriate steps are to ensure that plaintiff cooperates in getting the case ready for trial.  All of that said, the court has a very busy trial schedule for the next few months.  The parties can check back periodically to see if the court is in trial or not.  Specifically, the court has a long trial starting Tuesday of next week and a long trial that, although set for the following week, will probably be ready for trial a couple weeks later.  If both of those trials actually go (and both are very old cases), then this case will not go to trial on June 10.  If it is plain to the court that such is the case, the court would be inclined to continue this trial.

The court reminds the parties to be familiar with its FSC and trial rules, which can be found on line.  The court assumes that, consistent with its instructions in December 2022, the parties have already started to meet and confer to ensure that they will be able to comply with those requirements.  All dates remain on calendar until and unless they are moved by the court.