Judge: Shirley K. Watkins, Case: 20STCV39931, Date: 2023-02-09 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: 20STCV39931    Hearing Date: February 9, 2023    Dept: T

Tentative ruling:

20STCV39931 Doe v Nyberg

Plaintiff’s ex parte application to continue trial, and all pre-trial dates including discovery, expert discovery and motion cut-off dates and deadlines to correspond to the new trial date.  This is the second ex parte application by plaintiff to continue the trial date.

The court will grant this continuance for 60 days despite the lack of evidence of a good faith effort in the last 2 years since the answer was filed to complete discovery but NO FURTHER CONTINUANCES.  If plaintiff is experiencing difficulties with discovery to defendant, after a short attempt to meet and confer, discovery motions should have been made. Additionally, the defendant appeared in the case 2 years ago and there is no explanation why the written discovery was not completed, and the depositions of defendant not taken in two years. 

Accordingly, there shall be no further continuances absent an unforeseen emergency. 

The court will issue a new order for FSC and Trial preparation. 

Failure to comply with the FSC order will result in the issuance of monetary sanctions in the sum of $250 against each party for violation of court order per CCP 177.5.

Trial is continued to 5/24/2023 at 9:30 a.m.

FSC is continued to 5/10/2023 at 8:30 a.m.

CMC is set 3/30/2023 at 8:30 a.m.  Parties are to report on the status of the discovery and settlement discussions.