Judge: Ronald F. Frank, Case: 21TRCV00631, Date: 2023-02-01 Tentative Ruling

Case Number: 21TRCV00631    Hearing Date: February 1, 2023    Dept: 8

Tentative Ruling¿

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HEARING DATE: February 1, 2023

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CASE NUMBER: 21TRCV00631

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CASE NAME: Dinesh Bharat; Prachi Dinesh Bharat v. Avadesh Bhagat, et al

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MOVING PARTY: Defendant, Avadesh Bhagat dba El Dorado Hotel

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RESPONDING PARTY: Plaintiffs, Dinesh Bharat and Prachi Dinesh Bharat

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TRIAL DATE: April 5, 2023¿

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MOTION:¿ (1) Ex Parte Application to Continue Trial

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Tentative Rulings: (1) GRANT: continue trial to 9/5/23, 9/25/23, or 1/8/24, but deny the request to extend all discovery and motion dates. Discuss what discovery remains that has not been propounded, and discuss scheduling the deposition of Plaintiffs whether in Texas of California¿

I. BACKGROUND¿¿¿

A. Factual¿¿¿

This action is an individual action for wages unpaid to the resident managers of a motel complex owned by Avadesh Bhagat. Defendants contend that Plaintiffs are owed nothing and disputes the number of hours Plaintiffs claim to have worked at the premises, and therefore, the amount of unpaid wages they claim.

B. Procedural¿¿

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Defendant filed its ex parte application and Plaintiff filed an opposition, both on January 31, 2023. Since the case was transferred from Torrance to Inglewood, the Court has heard a motion to compel further discovery and has conducted an Informal Discovery Conference. ¿

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¿¿ C. Continuance

This is the first request for a continuance of the first date set for trial in this matter that was filed in August of 2021. The trial is currently set for April 5, 2023. Defendant seeks a 4-6 month continuance, in part because she has not yet taken the Plaintiffs’ depositions, and in part because she has recently but unexpectedly left her former law firm and set up practice as a solo practitioner. While Plaintiff understandably opposes the continuance and asserts some aspects of lack of diligence by Defendants, the Court believes on the application presented a brief

continuance would be in the interests of justice. However, the Court is unwilling to reopen discovery to multiple additional sets of discovery.

In circumstances such as these, the Court typically keeps non-expert discovery and motions open only as to discovery that was timely propounded or demonstrably requested to date, and sets a timetable for expert discovery to be completed and expert discovery motions to be filed based on the continued FSC date. The Court also typically sets a Final Status Conference approximately 10 days before trial, and a post-mediation status conference approximately 3 months before trial to gauge whether the case needs to be tried and to assess the status of trial readiness. Counsel should come prepared to discuss dates for these follow-up hearings to be set unless counsel are able to stipulate to such a timetable using one of the indicated potential new trial dates