Judge: Mark H. Epstein, Case: 21SMCV00985, Date: 2023-11-20 Tentative Ruling

Case Number: 21SMCV00985    Hearing Date: November 20, 2023    Dept: I

The matter is here for a final status conference.  On November 29, 2022, the court gave its FSC order.  The court has not yet received FSC papers.  Plaintiff’s counsel filed a declaration stating that he was contacted by a person who was in some manner associated with the defense.  Plaintiff’s counsel was informed that defense counsel had passed away, but efforts to find out whether defendant had retained new counsel were unanswered.

Given counsel’s passing, it is plain that the matter cannot go to trial next week.  The court will see if anyone from the defense appears and, if so, the court will discuss the matter.  Otherwise, the court will set a TSC in approximately 1 month.  In the meantime, the trial date is VACATED.  However, the discovery deadlines remain tied to the original trial date; discovery is not re-opened.