Judge: Mark H. Epstein, Case: 22SMCV02482, Date: 2024-08-23 Tentative Ruling

Case Number: 22SMCV02482    Hearing Date: August 23, 2024    Dept: I

The court is inclined to DENY the application.  Although the parties say they have been diligent, they still have not completed discovery in a case filed almost 2 years ago.  Defendant has not yet conducted plaintiff’s medical exam; plaintiff has not yet taken defendant’s deposition.  The parties tried to mediate in April, but it got pushed to July, where they did not settle.  Defense counsel has a trial conflict because counsel agreed to double-book a trial.  Knowing of this trial, counsel deliberately agreed to appear in another trial set to begin four days later.  Defense counsel can do that, but counsel cannot then complain to this court about the double-booking problem.

The parties state that they seek only a two month continuance.  Apparently they are operating under the misconception that the court has plenty of trial days available.  That is not the reality.  The court is setting multiple cases for every single week.  Between now and the end of 2025, the court typically has many cases set for trial each week and 5-6 cases each week throughout 2025.  The goal is for the court not to be dark for lengthy periods because otherwise the court will be overwhelmed in terms of trials.  The court will discuss moving this case to a date that works for the court, but that date is likely March or April 2026.  Otherwise, the court is disinclined to bump another case where the litigants have been diligent and have not double-booked for this case. 

That said, there is a very good chance that the court will be engaged in trial on September 16, 2024.  The court will look and if it is going to be engaged in another trial anyway, then the court will give serious consideration to re-setting this case.  But the court makes no guarantees as to the date.