Judge: Mark H. Epstein, Case: SC128659, Date: 2023-11-01 Tentative Ruling

Case Number: SC128659    Hearing Date: March 21, 2024    Dept: I

The matter is here for a continuation of the final status conference and trial is set for Monday, March 25, 2024, at 10:30.  However, yesterday the court was served with a motion by Buckley to disqualify pursuant to Code of Civil Procedure section 170.1.  This is similar to the situation about a year ago when, on the eve of trial, Pomerantz filed a similar motion.  The court’s view is that Buckley’s motion should be handled in a similar fashion vis a vis the trial.  Specifically, the court is inclined to STAY THE CASE and VACATE THE TRIAL DATE.  The stay will remain in effect until the 170.1 matter is fully resolved, including any appellate writ review any party may seek.  The court’s understanding is that the stay will toll the time to bring the matter to trial until it is lifted, including the end date that had previously been agreed upon by stipulation of the parties.  The court will confirm, though, that both parties so agree and stipulate to avoid any prejudice that the delay might cause, just as it did with Pomerantz brought his motion.  The court will also schedule a status conference for approximately 90 days out.  The purpose of the status conference is to re-set the trial date and determine whether the stay ought to be lifted.  If the matter has not yet been resolved, then the court anticipates it will simply continue the status conference.  In other words, the court believes that it ought to make no rulings or orders until the challenge is fully and finally resolved other than to ensure that when the challenge is resolved the case can go forward.