Judge: William A. Crowfoot, Case: 18STCV06099, Date: 2022-08-11 Tentative Ruling

Case Number: 18STCV06099    Hearing Date: August 11, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 21, 2022, plaintiff Sherman Vickers (“Plaintiff”) filed this motion to continue the trial date and all pre-trial deadlines.  Defendant Cynthia Olmos (“Defendant”) opposed the motion on the grounds that the motion was untimely served on June 21, 2022, and should have been served on June 19. 2022.  Accordingly, the Court continued the hearing to this date to allow Defendant the opportunity to file a substantive opposition.  The Court also ordered the parties to meet and confer regarding the discovery which Plaintiff claims is outstanding. 

On July 29, 2022, Defendant filed an opposition brief explaining that Plaintiff failed to meet and confer and refused to provide any support or justification for his request to reopen discovery.  Defendant argues that Plaintiff has not been diligent in pursuing any discovery and requests the Court deny his motion. 

In Plaintiff’s reply brief, Plaintiff refers to an unidentified “essential expert witness” and medical care as reasons for a continuance.  However, Plaintiff does not offer any further description of those reasons or any evidence in support of them.  Accordingly, the Court finds that Plaintiff has not made an affirmative showing of good cause for a continuance.  Furthermore, the only discovery which Plaintiff identifies with any specificity as outstanding are Defendant’s discovery responses to Plaintiff’s written discovery.  However, that issue was laid to rest months ago on February 9, 2022, when the Court denied Plaintiff’s motions to compel any further response as untimely. 

Accordingly, Plaintiff’s motion to continue the trial and pre-trial deadlines is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.