Judge: Mark H. Epstein, Case: 23SMCV01239, Date: 2024-12-16 Tentative Ruling

Case Number: 23SMCV01239    Hearing Date: December 16, 2024    Dept: I

The matter is here for a final status conference.  The court’s FSC order was given on September 18, 2023.  The court has received no FSC papers.  The court has received Schrader’s request for a continuance, which plaintiff does not oppose, on the ground that Schrader seeks new counsel

Good cause has not been shown for a continuance.  While plaintiff states he tried to reach out to defendant (but has received only radio silence), that was apparently not until less than two weeks ago.  The court specifically told the parties of the need to start planning 2-3 months before the FSC so as to be ready.  Waiting until the other side has no lawyer is not acting appropriately.  Defendants have even less excuse.  Rather than figure out that there was a problem in enough time to get this done, prior counsel substituted out for the defense less than a month before trial and the defense has done nothing to get ready since then.  Further, at least according to the defense, although the case is over 18 months old and the FSC order was given more than a year ago, the parties have not completed discovery.  That is not good cause for a continuance or for a lack of preparation.  The court would have been prepared to try the case next week had the parties done what they had been ordered to do and been ready.  But the fact is that the parties are not ready.  Therefore, the court must VACATE THE TRIAL DATE.  The court will hold a TSC in February.  However, this case has last priority.  The new date will be one that works for the court; the parties’ schedule will have a lower priority. 

Any defendant who is not a human and does not have a lawyer by the TSC will have its answer stricken and will be placed in default.  At the same time, the court will hold an OSC re: Sanctions as against the parties and plaintiff’s counsel for the failure to be ready for trial.  Sanctions are not to exceed $5000 for each person sanctioned.  The court notes that it is not imposing sanctions at this time; it is merely scheduling an OSC at which it will decide whether or not to impose sanctions and, if sanctions are imposed, the amount thereof.  Any party wishing to submit papers on this subject ought to do so no less than five court days before the hearing.