Judge: Mark H. Epstein, Case: SC126473, Date: 2025-01-08 Tentative Ruling

Case Number: SC126473    Hearing Date: January 8, 2025    Dept: I

The application for a continuance is DENIED.  This case was filed in 2016—over 8 years ago.  It deals with an allegedly encroaching structure that apparently or allegedly straddles two properties.  The party seeking a continuance, VST (for short) or its predecessor Invictus have been in the case since 2020—about 4.5 years.  While the court agrees that there have been twists and turns in the case, that is a long time no matter how one looks at it.

VST states that it needs a bevy of experts—at least four and maybe more—to make out its claims of easement on one theory or another.  The court does not disagree that VST might need experts.  What the court does not know is why it needs more time.  The current trial date was set in October 2023—16 months before the trial date.  There has been no explanation as to why, even if no one had done anything prior to that date (which would itself be hard to justify), there was not ample time to do what is needed to get ready for trial.  The court appreciates that there have been settlement discussions—many of which have borne fruit—and that there is a lot to be done in this case.  But the court also has a busy trial calendar.  It is currently setting cases out about 20 months.  The court simply no longer has the flexibility to continue cases unless, perhaps, the parties are willing to go to the back of the line.  And here, the court just will not have a case that has been on the docket for over a decade.

VST will need to do its best.  No showing of diligence has been made and the court lacks the flexibility to move dates at this juncture.