Judge: Olivia Rosales, Case: 22NWCV00688, Date: 2024-05-08 Tentative Ruling

Case Number: 22NWCV00688    Hearing Date: May 8, 2024    Dept: F

Optima Energy, Inc. v. Choi 22NWCV00688
Ex Parte Application
Judge:  Lee W. Tsao

 Plaintiff applies ex parte to continue trial and pretrial deadlines which have not yet passed.  Trial is currently scheduled for July 10, 2024.  The motion is GRANTED in part.  Trial is continued for approximately six months pursuant to CRC Rule 3.1332(c)(6) - a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.  A six-month continuance depending on the Court’s and the parties' availability is reasonable.  However, Plaintiff has not demonstrated why it is necessary to continue only those pretrial deadlines which have not passed.  That would exclude the deadline to bring a motion for summary judgment, which must be noticed at least 75 days before the hearing and heard no later than 30 days before trial. CCP 437c(a)(2)-(3).  The Court is not inclined to prevent the parties from bringing a motion for summary judgment based upon the discovery of evidence made possible by this trial continuance.  Therefore, discovery and motion cut-offs will track the new trial date. Moving party to give notice.