Motion to Continue Trial
34-2021-00292775-CU-PO-GDS: George Brinsmead vs. Elk Grove Unified School District 01/16/2026 Hearing on Motion to Continue Trial in Department 47
Tentative Ruling
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The unopposed motion of Defendant Elk Grove Unified School District, Christopher Hoffman, Beth Albiani, Manuel Azevedo, William Hartin, Michael Matt Sanchez, and Taigan Keplinger (Defendants) to continue trial is GRANTED.
Trial is currently scheduled for April 7, 2026. Defendants request a continuance so their motion for summary judgment, currently pending for hearing on May 26, 2026, may be heard before trial. The Court notes there is no indication in the record that Defendant properly pursued alternative remedies, including an ex parte application to specially set a hearing on a motion for summary judgment and/or to permit the motion to be heard closer than 30 days before trial. However, this is the first request for a continuance, there have been several delays caused by challenges to the pleadings and an appeal, and Plaintiffs George Brinsmead, Deborah Shen, and George Brinsmead as successor in interest to Genevieve Brinsmead filed a non-opposition indicating they do not oppose the request for a continuance.
Based on these particular circumstances, including the agreement of all parties, the Court finds good cause for a continuance.
The February 17, 2026 MSC and April 7, 2026 trial dates are VACATED.
Defendants request a trial date at least 30 days after May 26, 2026 but do not propose a particular date. Defendants Counsel provided a trial calendar indicating Counsel is involved in numerous trials throughout the remainder of 2026. Plaintiffs non-opposition does not propose a trial date. Further, Plaintiff failed to comply with Local Rule 2.11, which requires all parties to provide
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34-2021-00292775-CU-PO-GDS: George Brinsmead vs. Elk Grove Unified School District 01/16/2026 Hearing on Motion to Continue Trial in Department 47
their availability for trial when a motion to continue trial is pending, regardless of whether the motion is opposed. The Court is therefore unable to select a date for trial that will not result in a potential conflict. As a result of the foregoing, the Court will instead refer this matter 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.
All trial related and discovery deadlines shall be governed by the new trial date.
This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. 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
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2021-00292775-CU-PO-GDS: George Brinsmead vs. Elk Grove Unified School District 01/16/2026 Hearing on Motion to Continue Trial in Department 47
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.