Judge: Ronald F. Frank, Case: 21STCV02812, Date: 2023-01-06 Tentative Ruling
Case Number: 21STCV02812 Hearing Date: January 6, 2023 Dept: 8
Antonia Valladares
vs Vernice Phillips, Case No. 21STCV02812
Tentative Ruling on Ex Parte Application to Continue Trial
and Re-Open Discovery
On
Wednesday, January 4, 2023, the Court considered Defendant’s ex parte
application to continue the trial.
During oral argument, the Court indicated that the grounds asserted in the
application and raised by counsel during oral argument were likely no sufficient
to justify the requested postponement and re-opening of discovery, but the
Court acknowledged the difficult position the defense lawfirm had placed Ms.
Dao into since she was not the firm’s handling attorney for this matter nor was
she going to be trial counsel. The Court
determined on its own motion to continue the hearing so that trial counsel
court provide additional perspective on the issued raised, and to enable trial
counsel or another lawyer at the firm to file a supplemental declaration
addressing what appeared tot eh Court to be the underlying reasons for the requested
postponement, i.e., that Mr. Barrica was no longer available to try the case
despite his primary role throughout discovery and his successor as trial
counsel needed time to come up to speed.
Since
the January 4 hearing, such a supplemental declaration has now been filed by
Mr. Shott. Mr. Shott states in that
declaration that he will now become the trial counsel for Defendant but he
needs time to adequately prepare for the Final Status Conference set for the
same Friday, January 6 that the continued hearing on the ex parte application
will take place.
The
Court’s tentative, based on Mr. Shott’s declaration, is to grant a brief continuance
of the trial. With respect to the
concomitant request to re-open discovery, the Court will take oral argument from
both sides to supplement what Ms. Dao admirably attempted to explain
notwithstanding her limited role on this file.