Judge: Theresa M. Traber, Case: 23STCV03260, Date: 2024-12-19 Tentative Ruling

Case Number: 23STCV03260    Hearing Date: December 19, 2024    Dept: 47

The Court has reviewed Defendant and Third Party Plaintiff Quantum Corporation’s ex parte to continue the trial for 60 days to the week of May 5, 2025 and to extend all relevant deadlines.  The primary justification for the relief sought is the motion for judgment on the pleadings filed by Third-Party Defendant Larkin Benefit Administrators and set for hearing on January 3, 2025.  Quantum speculates that the Court’s ruling on that motion may require time for the filing of amended pleadings and further motions practice to challenge Quantum’s amended pleadings.  Rather than continue the trial now based on these potential developments, however, it seems prudent to continue the hearing on the ex parte application to the same date and time as the motion hearing, when the Court will know more about what further pleading disputes are in the offing.   

Quantum also raises concerns that it will not be able to secure necessary documents for the defense medical examination it wants to conduct and to compel production of Plaintiff’s credit card statements in advance of trial.  On the current trajectory, Quantum estimates it will not be able to schedule the examination or obtain the statements until four or five weeks before the scheduled trial date of March 3, 2025. 

While Judge Beaudet may have a different take on the best schedule for her courtroom and this case, this judge finds that Quantum has not demonstrated exigent circumstances justifying ex parte relief while Department 50 is dark for the holidays. 

Accordingly, the Court denies the immediate relief sought and continues the hearing on the ex parte application to January 3, 2025 at 2:00 p.m. in Department 50 to be argued before Judge Beaudet along with the motion for judgment on the pleadings that is the impetus for Quantum’s quest for a continuance.

The Court is engaged in jury trial in Department 47 and, thus, will not call the ex parte application for hearing.  The moving party is to give notice of the Court’s ruling.