Jack B Clarke vs. The Hertz Corporation

34-2023-00337069-CU-PO-GDS: Jack B Clarke vs. The Hertz Corporation 02/06/2026 Hearing on Motion to Continue Trial in Department 47

Tentative Ruling

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The motion of Plaintiff Jack B. Clarke, Jr. (“Plaintiff”) to continue trial is GRANTED.

Trial is currently scheduled for March 2, 2026. On December 23, 2025, Plaintiff’s prior trial attorney, James Otto Heiting announced his retirement from trial practice. Plaintiff selected Greg Rizio (“Rizio”) as new trial counsel. However, Rizio has a pre-paid ABOTA trip to Japan scheduled from March 11, 2026 until March 26, 2026. To avoid any potential conflict with this trip, Plaintiff requests a short continuance to April 6, 2026.

Defendants The Hertz Corporation and County of Sacramento (“Defendants”) oppose the motion. Defendants anticipate trial will be completed before March 11, 2025 and argue a continuance is therefore unnecessary.

The Court finds good cause for a short continuance based on the unanticipated change in trial counsel and Rizio’s potential conflict with trial. Defendants did not present any argument explaining why a short continuance would cause prejudice. In contrast, a two-week stay during the middle of trial, if necessary, would substantially inconvenience the jury and this Court’s calendar.

The motion is granted. The February 9, 2026 mandatory settlement conference and March 2, 2026 trial dates are VACATED. Plaintiff’s proposed date for trial is currently unavailable. Trial is therefore set for the next available day, April 7, 2026 at 8:30 a.m. in Department 47. A mandatory settlement conference is set for March 3, 2026 at 1:30 p.m. in Department 59.

34-2023-00337069-CU-PO-GDS: Jack B Clarke vs. The Hertz Corporation 02/06/2026 Hearing on Motion to Continue Trial in Department 47

No party requested that discovery be extended. Thus, discovery dates shall remain based on the current trial date. All other trial related deadlines shall be based on 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.

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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 Reporter’s Office and an official reporter will be provided.