Judge: Shirley K. Watkins, Case: 19STCV08851, Date: 2022-08-03 Tentative Ruling
If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.
Case Number: 19STCV08851 Hearing Date: August 3, 2022 Dept: T
TENTATIVE RULING
DENY REQUEST TO CONTINUE BASED UPON THE INFORMATION PROVIDED IN PLAINTIFF'S OPPOSITION. THE COURT EXPRESSES CONCERN ABOUT THE CHRONOLOGY OF EVENTS LEADING TO THIS EX PARTE APPLICATION. CERTAIN REPRESENTATIONS WERE MADE IN DEFENSE COUNSEL'S DECLARATION WHICH APPEAR TO BE CONTRADICTED BY THE RECORD IN THE SAN DIEGO CASE. FOR INSTANCE:
MS. RUSSELL IS NOT ALREADY ENGAGED IN TRIAL. THE MINUTES INDICATE SHE WILL BE ENGAGED ON AUGUST 8TH.
THE COURT DID NOT DENY MS. RUSSELL’S REQUEST TO CONTINUE ON 7/28/2022 (THIS IS STATED VERY SPECIFICALLY IN HER DECLARATION -- "THE JUDGE DENIED THE CONTINUANCE REQUEST"). THE MINUTES INDICATE THAT COUNSEL HAVE RESOLVED THE ISSUE AND REQUEST THE TRIAL REMAIN AS SET.
THE SAN DIEGO CASE IS NOT TRIAL READY. TRIAL DOCUMENTS HAVE NOT BEED FILED. THE EXHIBIT LIST, COPIES OF THE EXHIBITS AND THE JURY INSTRUCTIONS AND VERDICT FORM HAVE NOT BEEN FILED YET.
ON JUNE 3, 2022, MS. RUSSELL STIPULATED TO CONTINUING THE SAN DIEGO TRIAL TO THE SAME DATE AS THIS TRIAL ON 8/8/2022 DESPITE KNOWING THE COURT HAD ALREADY SET THIS CASE FOR TRIAL ON 8/8/2022.
THERE ARE OTHER ISSUES AS WELL.