Judge: Mark H. Epstein, Case: 21SMCV04325, Date: 2024-05-02 Tentative Ruling

Case Number: 21SMCV04325    Hearing Date: May 2, 2024    Dept: I

The ex parte application to continue the trial is DENIED.  Although this trial date was set on November 28, 2023 (after a successful request to continue it from an earlier date), the application to move the date was not made until May 1, 2024.  The reason is that although counsel made a speedy inquiry of the expert, the expert did not respond until a couple weeks ago.  The expert states that he has a pre-planned vacation between May 15 and May 29.  The trail begins on May 20.

The court is not sure whether or not this is cause.  Generally, the court would say no.  It is poor conduct by the expert, but that is not a reason to continue a trial, especially given that the trial would have to be continued for the better part of a year, most likely.  But the real reason why this is not cause is that the court can likely accommodate the witness’s schedule.  The current trial estimate is 12 days.  That means that the trial will not end until early June.  The court will agree to take the witness out of order if necessary to allow the witness to return.  If the trial looks like it will end earlier, counsel may need to do what it takes to convince the expert to come home a day early if necessary, but that is not likely. 

Having said all of that, the court’s trial calendar is fairly congested at the moment.  The parties should check back periodically to see whether the court is likely to be engaged in a trial on May 20.  If the court is in the middle of a trial, then the court will need either to trail this trial until that one is over or (especially if there are other cases lined up on the runway) continue this case.  That is not the court’s preference, but it is a possibility.