Judge: Mark H. Epstein, Case: 23SMCV03523, Date: 2025-05-14 Tentative Ruling

Case Number: 23SMCV03523    Hearing Date: May 14, 2025    Dept: I

The motion to continue is DENIED, but the court will exercise its discretion and hear the MSJ on the date for which it is currently set even though that is less than 30 days before trial.

As to the continuance, there has been no showing of diligence here.  The trial date was set on January 29, 2024.  That has given the parties plenty of time to complete discovery and prepare for trial.  If the parties want to stipulate to extend the discovery cut off, of course they may do so.  Further, while defendant is right that it ought to have its MSJ heard, nothing in the MSJ is new under the sun.  It could have been brought long ago.  That defendant waited until less than 2 weeks before it would have been too late is not a good reason to continue the trial.

The problem is that the court has about 1250 cases on its docket.  It simply does not have the ability to move the trial date.  If the court had 800 cases or so, it would move the trial.  But to do so now will require the court to dislodge another case that has been working diligently to prepare for trial, and that is not fair to that case.