Judge: Mark H. Epstein, Case: SC128233, Date: 2023-05-15 Tentative Ruling

Case Number: SC128233    Hearing Date: May 15, 2023    Dept: R

The matter is here for a final status conference.  The case was filed on October 18, 2017, and is therefore now quite old.  Plaintiff has moved to file a third amended complaint, which hearing is scheduled for Thursday based on a motion filed May 5, 2023.  The motion has been opposed. 

On February 27, 2023, the court set the instant FSC date.  The original FSC order was given no later than June 14, 2021, and the parties were told to be familiar with the court’s FSC rules.  On May 10, 2023, the court received a stipulation and order proposing extending the time to file FSC materials until May 12, 2023 due to an accident involving counsel’s family that could require surgery.  The court is sympathetic to family emergencies and the court presumes that the materials were virtually ready to go, but not quite, when the emergency hit.  Unfortunately, a filing on Friday means that the court will not be able to see or review it in time for the FSC, which is set for May 15.  And having said that, the court did not receive any papers on Friday.

The court is very concerned.  The trial date is VACATED inasmuch as the parties are not ready for trial.  The court will resolve the is a motion to amend the complaint, which the court gathers deals with the plaintiff’s identity due to an assignment.  The court will also hold a Trial Setting Conference immediately following the motion to amend.  The court might be able to set a trial during the holidays, but if not, May is the next available date. 

The vacating of the trial date is not meant as a sanction.  As the court said, it is sympathetic to family emergencies and the court’s policy is to accommodate life crises wherever possible.  But the case simply is not ready to go to trial and there are other cases that are ready vying for this case’s trial date.