Judge: Mark H. Epstein, Case: 22SMCV01332, Date: 2025-04-21 Tentative Ruling

Case Number: 22SMCV01332    Hearing Date: April 21, 2025    Dept: I

The matter is here for an FSC.  The court gave its FSC order on February 14, 2023.  To date, the court has received no FSC materials.  This is likely because the case has settled and the parties have not submitted a notice of settlement.  If so, the court will VACATE the trial date and set an OSC re: Dismissal (Settlement).  If the case is still active, then the court will inquire as to why its FSC order was not followed.  Normally, in that case, the court would also set an OSC re: Sanctions against all parties and counsel.  However, in fairness, the court is engaged in a series of trials, so the likelihood that the court actually could have tried this case on April 28, 2025, is slight.  Accordingly, no purpose would be served to impose sanctions other than to impose a penalty in a situation where there was in fact no harm done to the court’s calendar or to other litigants.  The court declines to impose sanctions under those circumstances.  But if the case is still live, the court will have to schedule a TSC, and will discuss an appropriate date with the parties.