Judge: Mark H. Epstein, Case: 23SMCV00287, Date: 2024-08-14 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 23SMCV00287    Hearing Date: August 14, 2024    Dept: I

The application is reluctantly GRANTED.  The fact is that the court will almost certainly be engaged in trial on 9/23/24, which is the current trial date.  As such, no purpose would be served in denying the application only to then continue the case anyway.  But that said, the court does not think that the parties have truly shown diligence here, and were the court not otherwise engaged, the motion might very well have been denied.

Be that as it may, the trial and FSC dates are VACATED.  The court will discuss with the parties when the new date should be.  Given the court’s calendar, it is not clear that it will be in 2025.