Motion to Continue Trial
34-2022-00329107-CU-PO-GDS: Michael Helmrich vs. San Juan Unified School District 04/24/2026 Hearing on Motion to Continue Trial in Department 17A
Tentative Ruling
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The motion of Plaintiffs Michael Helmrich and Stevi Helmrich, by and through her Guardian ad Litem Jennifer Mincks (Plaintiffs) to continue trial is ruled on as follows.
Trial is currently scheduled for May 18, 2026. Plaintiffs request a continuance of trial to November or December 2026, or later. Defendant San Juan Unified School District (Defendant) opposes the motion.
To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. (Cal. Rules of Court, rule 3.1332(a).) Although continuances of trial are disfavored, each request for a continuance must be considered on its own merits. (Id., rule 3.1332(c).) The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. (Ibid.) The general rule governing continuances set forth in section 9 [of the Standards of Judicial Administration] is that . . . the necessity for the continuance should have resulted from an emergency occurring after the trial setting conference that could not have been anticipated or avoided with reasonable diligence and cannot now be properly provided for other than by granting of a continuance. (Lazarus v. Titmus (1998) 64 Cal.App.4th 1242, 1250 [emphasis added].)
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34-2022-00329107-CU-PO-GDS: Michael Helmrich vs. San Juan Unified School District 04/24/2026 Hearing on Motion to Continue Trial in Department 17A
new disputed material facts and potential evidence. Plaintiffs therefore requests a continuance in order to complete additional discovery.
Defendant argues that Plaintiff has failed to show good cause for a continuance because Plaintiff unreasonably delayed in retaining experts and taking the deposition of Jocelyn Torres. Defendants argument ignores the fact that the delay in retaining experts and completing depositions was substantially caused by the unanticipated death of former counsel.
The Court finds good cause for a continuance based on the foregoing and the factors set forth in California Rules of Court, rule 3.1332. The May 18, 2026 trial dates is VACATED.
The parties did not provide a proposed date for the new trial but request a continuance until November 2026 or later. The parties also failed to comply with the requirements of Local Rule 2.11, which requires all parties to provide their availability for trial when a motion to continue trial is pending, regardless of whether the motion is opposed. As a result, the Court is unable to select a date for trial that will not result in a potential conflict. Given the length of the continuance requested and the lack of information provided as to the parties availability, the Court will refer this action to the trial setting process.
This case is referred to the Trial Setting Process for selection of Trial and Mandatory Settlement Conference dates. All counsel (including parties appearing in pro per) shall confer and agree upon trial and settlement conference dates. Available dates can be obtained on the court's web site at http://www.saccourt.ca.gov, or by recorded message at 916-874-6098. Plaintiff's counsel must notify the court of the selection of Mandatory Settlement Conference and Trial dates within 60 days of the date of this order by completing the request form at https://www.saccourt.ca.gov/civil/trial-setting.aspx.
If the parties have not agreed on dates before the 60th day, court staff shall assign Mandatory Settlement Conference and Trial dates that are next available, unless an extension of time has been granted by the appropriate Case Management Program Judge.
As the good cause for a continuance includes the need for additional time to complete discovery, all trial related and discovery deadlines shall be governed by the new trial date. This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.
This case has been assigned to Department 17A for hearing. In the event that either party
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00329107-CU-PO-GDS: Michael Helmrich vs. San Juan Unified School District 04/24/2026 Hearing on Motion to Continue Trial in Department 17A
requests a hearing the matter will be heard at 9:30 a.m. in Department 17A. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court. Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 68086 and California Rules of Court, rule 2.956.
Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.
If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.