Judge: Mark H. Epstein, Case: 23SMCV04262, Date: 2024-01-29 Tentative Ruling

Case Number: 23SMCV04262    Hearing Date: March 4, 2024    Dept: I

The matter is here for a final status conference.  The FSC order was given on January 29, 2024, and at that time the court warned counsel that there was much that needed to be done in a very short amount of time to comply with the FSC order.  Counsel stated that the message had been received.  Even so, the court has received no timely FSC papers.  Accordingly, the trial date is VACATED.  The court will hold a TSC on March 12, 2024 at 8:30 am.  At that time, the court will discuss an appropriate order including sanctions and whether a new trial date should be set.

Of course, the more likely reason that nothing was filed is because the case has settled, at least as to possession, which is a very good reason not to file FSC materials.  If that is the case, the court will either set an OSC re: Dismissal (Settlement) if the entire matter has settled or set a trial date for the remainder of the case.  No sanctions would be appropriate under those circumstances.