Judge: Theresa M. Traber, Case: 20STCV04609, Date: 2023-11-17 Tentative Ruling

Case Number: 20STCV04609    Hearing Date: November 17, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     November 17, 2023               TRIAL DATE: NOT SET

CASE:                         Diane Reed v. Gansen Law Group, et al. 

CASE NO.:                 20STCV04609           

MOTION TO CONTINUE TRIAL SETTING CONFERENCE

MOVING PARTY:               Plaintiff Diane Reed

RESPONDING PARTY(S): Defendants Chris Gansen and Gansen Law Group

CASE HISTORY:

·         06/03/19: Complaint filed.

·         04/06/20: First Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff alleges that Defendants were negligent in representing her in an underlying action for medical negligence based on a failed Lasik procedure. Plaintiff alleges that she was forced to settle for $103,000 despite actual damages between $400,00 and $700,000.

            Plaintiff moves for a continuance of the trial setting conference.

TENTATIVE RULING:

Plaintiff moves for a continuance of the trial setting conference.

Plaintiff’s motion was served electronically on October 25, 2023 for a hearing on November 17, 2023. A regularly noticed motion must be served 16 court days before the date of the hearing, plus two days for electronic service. (Code Civ. Proc §§ 1005(b); 1010.6.) The deadline for a hearing on this motion was October 23, 2023. Plaintiff’s motion is therefore not timely served.

Notwithstanding the failure to properly serve the motion, Plaintiff cites no authority authorizing a request for continuance of a trial setting conference. California Rule of Court 3.1332 concerns continuances of trial, not trial setting conferences. (Cal. Rules of Court Rule 3.1332(c).) Moreover, as Defendants note in their opposition, the purpose of a trial setting conference is to determine the status of the case and the readiness of parties and their counsel for trial, and to set a schedule for the remainder of the action based on that information. Plaintiff has thus failed to demonstrate any circumstances which would require continuance of a trial setting conference.

Accordingly, Plaintiff’s Motion to Continue Trial Setting Conference is DENIED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated: November 17, 2023                             ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.