Judge: Mark H. Epstein, Case: 22SMCV00802, Date: 2024-03-12 Tentative Ruling

Case Number: 22SMCV00802    Hearing Date: March 12, 2024    Dept: I

The matter is here for a final status conference.  The FSC order was given on December 29, 2022.  No FSC materials have been submitted, but the reason is that the parties seek to continue the trial.  Normally, the court would not entertain a motion to continue the trial.  The parties have had plenty of time to do what needs to be done.  However, the basis for the motion is that for the past year, plaintiff’s counsel has gone through a series of personal and family events that have made it difficult (temporarily) for him to devote himself full time to the practice and was only able to return to work in the past week or so.  The court will not go into detail, but the fact is that these events and the fact that they seemed to occur one after another, is something for which the court has sympathy.  At the same time, defense counsel was involved in a capital murder case.  It was set for February of this year but was unexpectedly continued to October.

The court appreciates that counsel have worked together on this issue and that neither side wants to take unfair advantage of the other.  The parties seek a trial continuance to June 2024, and they request that related cut-off dates be continued as well.  The court will discuss the matter with counsel.  The biggest problem is that the court is unsure of its availability, so it may be a while beyond June that a date opens up, and the court is aware that as October gets closer, defense counsel will have a problem.

For now, though, the trial date is VACATED, as the case plainly is not ready for trial.  Hopefully, we can set a new date today.  If the court’s calendar is such that the parties need to meet and confer further, then the court will set a TSC in the relatively near future and the trial date will be set at that point.