Judge: Stephen I. Goorvitch, Case: 19STCV23804, Date: 2023-05-18 Tentative Ruling
Case Number: 19STCV23804 Hearing Date: May 18, 2023 Dept: 39
Gilbert
Bell v. Kyle Johnson, Case No. 19STCV23804
Defendant
and Cross-Complainant Kyle Johnson filed an ex parte application to continue
the trial date. Good cause having been shown, the Court granted the ex
parte application. The Court advanced and vacated the final status
conference and trial dates and set the following dates:
Final
Status Conference:
January 12, 2024, at 9:30 a.m.
Trial:
January 23, 2024, at 9:30 a.m.
The
discovery and motions deadlines shall be based on the new trial date.
There shall be no further continuances absent good cause.
The Court issued the following additional orders: (1) The parties shall
disclose all witnesses to be called in their respective cases-in-chief, and
identify and, if necessary, produce all exhibits to be introduced in their
respective cases-in-chief on or before January 2, 2024; and (2) The parties shall
file joint trial documents on or before January 5, 2024. A list of the
required joint trial documents may be found on the Court’s website: www.LACourt.org under the “Civil” tab in the
“Courtroom Information” section.
The
Court issues an Order to Show Cause why the five-year date should not be
re-set. This case was filed on July 10, 2019. Pursuant to Code of
Civil Procedure section 583.310, an action shall be brought to trial within
five years. Under normal circumstances, the deadline for this case to
proceed to trial would be July 10, 2024. However, for purposes of
computing this time, the Court excludes all time for which “[b]ringing the
action to trial . . . was impossible, impracticable, or futile.” (Code
Civ. Proc. s 583.340(c).) The Court makes the following
findings:
Beginning
on March 16, 2020, civil jury trials were suspended in the Los Angeles County
Superior Court due to COVID-19. Pursuant to the Presiding Judge’s order
of July 10, 2020, civil jury trials would resume on the first court day in
January 2021, which is January 4, 2021. Therefore, this time period—March
16, 2020, to January 4, 2021—which is 294 days, is excludable.
Although
the Court reopened for civil jury trials on January 4, 2021, the Presiding
Judge authorized the civil judges to determine whether it was feasible to
conduct jury trials in their respective courtrooms, in consideration of issues
such as the size of the courtroom, the number of participants, and the length
of the trial. It was impossible for Department #39 to proceed with jury
trials from January 4, 2021, to May 11, 2021, due to the requirements of social
distancing, the number of attorneys and parties involved in jury trials, and
the minimum length of jury trials. Therefore, this time period—January 4,
2021, to May 11, 2021—which is 127 days, is excludable.
Based
upon the foregoing, the Court issues an Order to Show Cause why 421 days should
not be excluded from the five-year period during which this case shall be
brought to trial. Accordingly, the new deadline for this case to proceed
to trial would be September 4, 2025. The Court shall hold a hearing on
this Order to Show Cause on June 1, 2023, at 8:30 a.m. at the following
location:
Stanley
Mosk Courthouse
111
North Hill Street
Department
#39 (Goorvitch, J.)
Los
Angeles, California 90012
The
parties may appear remotely or in-person, or may waive their appearances and
submit to the Court’s order on this OSC.
The
Court provides notice that absent objection, it intends to exclude 421 days
from the time during which this case must proceed to trial and re-set the
five-year date as September 4, 2025. Any party who objects must file a
written objection detailing the factual and/or legal reasons why the Court
cannot do so. All objections must be filed on or before May 26,
2023. The Court provides notice that any party who does not file a written
objection and appear at the hearing, either remotely or in-person, shall waive
the right to be heard on this issue and shall submit to the Court’s order.
The
Court’s clerk shall provide notice.