Judge: Mark H. Epstein, Case: 22SMCV01872, Date: 2024-11-22 Tentative Ruling

Case Number: 22SMCV01872    Hearing Date: November 22, 2024    Dept: I

The application to continue the trial is DENIED.  Trial was originally set by virtue of a CMC held on April 17, 2023.  At that time, an April 2024 trial date was set and a mediation completion date of December 31, 2023 was set.  The court explained to the parties that the mediation completion was designed to be far enough in advance of trial so that the parties could focus on it, but that if it was not successful, there would still be time to get ready for trial.  On April 4, 2024, the court reluctantly continued the trial date to December 23, 2024.  At that time, one reason given was so that the parties could complete discovery and mediate.  The court set a new mediation completion date of October 10, 2024, even though that was close to the trial date.

The parties now seek to continue the trial because they have not yet mediated and the date they have reserved is not until February 2024.  The problem with the argument is that the supposed good cause asserted is the failure (twice) to follow the court’s order regarding the mediation completion date.  But that is not good cause. 

The court expects that the FSC materials will be timely filed in good form and that the matter will be ready for trial on the current schedule.  The court notes that it currently has about 1200 cases on its docket.  If it continues this one, then that means that another case—one where the parties have acted diligently and in good faith preparing for trial—will have to be bumped.  That is not appropriate, and the court has nowhere on its docket until about July 2026 where it does not have 4-8 cases on the trial calendar.  In short, while the court used to have some flexibility in its trial calendar so as to accommodate counsel and parties seeking a continuance, sadly that is no longer the case.