Judge: Olivia Rosales, Case: 21NWCV00501, Date: 2024-09-30 Tentative Ruling

Case Number: 21NWCV00501    Hearing Date: September 30, 2024    Dept: F

Gutierrez v. Nekola 21NWCV00501

This construction defect action was filed on August 3, 2021. Trial is currently scheduled for October 24, 2024. Plaintiff moves ex parte for a 90 day continuance of trial to a date on or after February 2025, and for this Court to re-set an MSC date. 

Plaintiff's Ex Parte Application to continue trial is GRANTED pursuant to CRC Rule 3.1332(c)(1) - the unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances. A 90 day continuance, depending on the Court and parties' availabilities, is reasonable. Discovery and related deadlines will be tied to the new trial date. The Court also finds good cause to re-set the MSC date. The Court will confer with the parties to select new MSC, FSC, and Trial dates. The Court notes that the parties may seek to advance the hearing dates on the Motion for Protective Order and Motion to Compel Mediation in Dept. SE-C, if necessary. Moving Party to give notice.