Judge Olivia Rosales, Case Number: 22NWCV00185, Date: 2023-10-27 Tentative Ruling

Judge: Olivia Rosales, Case: 22NWCV00185, Date: 2023-10-27 Tentative Ruling

Case Number: 22NWCV00185 Hearing Date: October 27, 2023 Dept: F

THE HUNTINGTON NATIONAL BANK v. PRECISION FORGING DIES, INC.

CASE NO.: 22NWCV00185

HEARING: 10/27/23

JUDGE: OLIVIA ROSALES

Plaintiff THE HUNTINGTON NATIONAL BANK’s unopposed Motion to Continue Trial and Related Dates is GRANTED.

Moving Party to give Notice.

No Opposition filed as of October 26, 2023. Due by October 16, 2023. (CCP §1005(b).)

The Court notes that a Notice of Bankruptcy Filing by Defendant Precision Forging Dies, Inc. was FILED by Plaintiff on August 29, 2023.

The upcoming hearing dates in this action are as follows:

· Mandatory Settlement Conference scheduled for November 15, 2023 in Dept. SE-F.

· Motion for Summary Judgment RESERVED for December 14, 2023 in Dept. SE-C.

· Trial scheduled for January 11, 2024 in Dept. SE-F.

Plaintiff The Huntington National Bank (“Plaintiff”) moves to continue trial and the Mandatory Settlement Conference for at least six months. Plaintiff argues that Defendant Precision Forging Dies, Inc.’s pending bankruptcy, and Defendant Dan Kloss’s potential bankruptcy filing justifies a continuance. In addition, Plaintiff “intends to file” a summary judgment motion if this action is not stayed as to Dan Kloss, but is unable to timely do so based on the current January 11, 2023 trial date.

As indicated above, this Motion is unopposed.

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good case requiring the continuance. Circumstances that may indicate good cause include…. (7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” (CRC Rule 3.1332(c)(7).)

This action was filed on March 16, 2022. There has only been one previous trial continuance in this matter, and the instant Motion is unopposed. Based on Precision Forging Dies, Inc.’s bankruptcy filing, the Court finds that a significant, unanticipated change in the status of the case has occurred, thus rendering this case not ready for trial.

The Motion to Continue Trial to a date in or after July 2024 is GRANTED. The Mandatory Settlement Conference is also CONTINUED. The Court will confer with the parties to determine the new dates. Discovery and all related deadlines will track the new trial date.