Judge: Mark H. Epstein, Case: 21SMCV02010, Date: 2025-02-14 Tentative Ruling

Case Number: 21SMCV02010    Hearing Date: February 14, 2025    Dept: I

The matter is here for an FSC.  The FSC order was given on November 3, 2022, but the trial was continued since that date.  Even so, the court has received no FSC materials.  Yesterday the parties filed a stipulation to continue the trial.  The parties have indicated that they have a “tentative settlement” but they need to review the settlement to deal with newly discovered issues needing repair. 

The court will inquire whether the parties are ready to announce a notice of settlement today.  If they are, then the court will set an OSC re: Dismissal (Settlement) for approximately 60 days out to allow the final issues to be resolved.  If not, then the court will need to inquire further as to why the parties believe that they need not obey the court’s FSC order and that they can seek to continue the trial one day before the FSC.  In any event, the case is plainly NOT READY FOR TRIAL and the trial date is VACATED.  The court will set a TSC and an OSC re: Sanctions not to exceed $2500 as against each client and each lead counsel for the failure to follow the court’s FSC order or at least keep the court informed as to the need for a continuance in some reasonable fashion.