Judge: Mark H. Epstein, Case: SC123657, Date: 2023-01-30 Tentative Ruling

Case Number: SC123657    Hearing Date: January 30, 2023    Dept: R

The motion to continue the trial is tentatively DENIED.

The motion is brought by defense counsel.  Lead counsel has disassociated himself from reasons unknown.  Remaining counsel claims to have been involved to a significantly lesser extent. 

That might or might not be, but this case has been pending for over five years now (actually slightly over 8).  The court has no indication as to why lead counsel left the case—there is no indication that the reason was truly unforeseeable (such as a medical emergency).  Absent that, this is no more than a unilateral extension sought by a party.  No good cause has been shown here.

Thus, the FSC remains on calendar for February 6, 2023 and the trial for February 14, 2023.  The court reminds the parties of its FSC rules and the need to file significant papers later this week.  The failure to do so could result in an order precluding calling witnesses (other than the parties themselves by each party’s own counsel), introducing exhibits, or proposing or opposing jury instructions. 

It could be that the court will be unavailable to try the case on schedule.  If that occurs, then the court would consider extending the deadline to file FSC materials to the new FSC date.  However, all discovery and motion deadlines would remain in place.