Judge: Mark H. Epstein, Case: 22STCV35303, Date: 2024-04-25 Tentative Ruling

Case Number: 22STCV35303    Hearing Date: April 25, 2024    Dept: I

There are two applications: one to advance two discovery hearings and one to continue the trial.

The trial is presently set for May 20, 2024.  The FSC order and trial date were given on May 3, 2023, with the consent of all counsel.  The court does not believe that great cause has been shown to continue the trial.

That said, though, the court notes that it has six trials set for May 20, four of which are older than this case.  Given that, the court believes that it is unlikely that the court will be available for the trial as scheduled.  The court will, for that and only that reason, likely CONTINUE the trial.  However, the discovery cut-offs remain in place except for discovery that was timely noticed already and motions related to that discovery.  As to those and only those items, the cut off will be extended 6 weeks.  The time to file in limine motions has come and gone except for motions that could not have been filed in advance of the original FSC. 

Because the trial is being moved, the motion to advance is MOOT.  However, the court notes that by waiting until the last minute to do its discovery, defendant has put itself at risk that the motion, when heard, will be denied.

The court notes that the new trial date will be one on which this case will have the lowest priority, meaning if any other case is ready to go to trial, it will take precedence.  And the court will have very little latitude for scheduling difficulties.