Judge: Stephen I. Goorvitch, Case: 19STCV20880, Date: 2024-04-22 Tentative Ruling

Case Number: 19STCV20880    Hearing Date: April 22, 2024    Dept: 82

Juan Carlos Chavez v. Immaculate Roofing Company, Inc.

Case No. 19STCV20880

Ex Parte Application

            Plaintiff Juan Carlos Chavez (“Plaintiff”) filed this employment action against Immaculate Roofing Company, Inc. (“Defendant”) on June 14, 2019.  The deadline for this case to proceed to trial under Code of Civil Procedure section 583.310 is December 29, 2025.  (See Court’s Minute Order, dated September 18, 2023.)

            Defendant filed an ex parte application to continue the trial date (currently set for May 21, 2024) and all related dates for the following reasons: (1) Defendant’s former counsel was forced to withdraw due to his health conditions, and new counsel substituted into the case on April 12, 2024; and (2) Plaintiff’s deposition has not yet been completed.  In addition, the court has another trial set for May 21, 2024, and at present, no judge has been assigned permanently to Department #39.  The court has reviewed and considered Plaintiff’s opposition, but it does not change the necessity of a trial continuance.

            Based upon the foregoing, the court orders as follows:

            1.         The court grants the ex parte application to continue the trial date and to set the discovery deadlines based on the new trial date.

            2.         The court advances and vacates the final status conference and trial date.

            3.         The court shall hold a trial setting conference on May 14, 2024, at 8:30 a.m. in Department #39. 

            4.         The court orders the parties to meet-and-confer concerning all remaining depositions, e.g., Plaintiff’s deposition, and be prepared to discuss the dates with the court.  If the parties have not selected a date, the court will do so at the trial setting conference.

            5.         Defendant’s counsel shall provide notice and file proof of service with the court.