Motion to Continue Trial
23CV007580: DIBARTOLO vs PETER J. KIM, DDS A PROFESSIONAL CORPORATION, et al. 03/07/2025 Hearing on Motion to Continue Trial in Department 47
Tentative Ruling
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The notice of motion fails to provide notice of the Courts tentative ruling system as modified for matters appearing on the Law and Motion in the Presiding Judges department. The notice must include both the verbatim notice of the Courts tentative ruling system as set forth in Local Rule 1.06(D) and the verbatim notice of the modifications to the tentative ruling system for motions pending in the Presiding Judges department, as forth in Local Rule 1.06(E). Counsel for moving party shall contact all other parties and advise them of the full tentative ruling system, including that the tentative ruling will be posted two court days prior to the hearing date and that requests for oral argument must be made by noon the court day before the hearing.
The motion of Plaintiff Morgan Dibartolo (Plaintiff) to continue trial is unopposed and GRANTED.
Trial is scheduled for March 11, 2025. On January 8, 2025, Defendant Peter Kim (Defendant) appeared at a noticed deposition but refused to proceed with the examination. (Stewart Decl., ¶¶ 5-6.) Plaintiff served an amended notice of deposition for January 23, 2025. (Id., ¶ 7.) Defendant failed to appear for deposition on that date. (Ibid..) Plaintiff filed a motion to compel, which was scheduled for hearing on May 14, 2025. (Id., ¶¶ 8-9.)
Plaintiff now moves to continue trial so that the motion may be heard. The Court notes Plaintiff failed to pursue an alternative remedy to advance the hearing on the motion. Nonetheless, the Court finds good cause to continue trial so that Plaintiff may pursue available remedies as to
23CV007580: DIBARTOLO vs PETER J. KIM, DDS A PROFESSIONAL CORPORATION, et al. 03/07/2025 Hearing on Motion to Continue Trial in Department 47
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Defendants failure to appear at deposition.
The March 11, 2025 trial date is VACATED. Plaintiff requests a continuance of six months and did not provide a proposed date for trial. The Court will therefore 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.
The Court notes a continuance does not operate to reopen discovery. (Code Civ. Proc. § 2024.020(b).) All other statutory deadlines, including any discovery deadlines that have not yet closed, 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 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-
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV007580: DIBARTOLO vs PETER J. KIM, DDS A PROFESSIONAL CORPORATION, et al. 03/07/2025 Hearing on Motion to Continue Trial in Department 47
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 be forward the form to the Court Reporters Office and an official reporter will be provided.