What is a Motion for New Trial?

Useful Rulings on Motion for New Trial

Rulings on Motion for New Trial

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NDILE GEORGE NJENGE VS. WELLS FARGO BANK NA

The parties having stipulated and good cause appearing, defendants' motion to continue trial is granted. The Court finds good cause for continuance based on the stipulation and the fact that the parties have scheduled mediation in March 2017. The April 28, 2017 MSC and the May 22, 2017 trial dates are vacated. Pursuant to the parties' stipulation, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Feb 27, 2017

  • Type

    Contract

  • Sub Type

    Breach

MARCAS RUSSELL VS. THE CITY OF SACRAMENTO

Good cause appearing and based on the stipulation of the parties, Defendants' motion to continue the trial is granted. The Court finds good cause for continuance due to the stipulation of the parties and the unavailability of Plaintiff's and Defendants' counsel due to the trial of another case. The June 28, 2017 MSC and the August 8, 2017 trial dates are vacated. Further, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Jun 26, 2017

  • Type

    Employment

  • Sub Type

    Other Employment

JESUS EFREN GARCIA FERNANDEZ VS. BIG HOG BATTERY SERVICE, A BUSINESS ORGANIZATION, FORM UNKOWN

The parties having stipulated and good cause appearing, defendant's motion to continue trial is granted. The Court finds good cause for continuance based on the stipulation and the fact that defense counsel is unavailable due to conflicting trial dates. The May 16, 2017 MSC and June 26, 2017 trial dates are vacated. Unless the parties otherwise so stipulate, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Apr 27, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

NDILE GEORGE NJENGE VS. WELLS FARGO BANK NA

The parties having stipulated and good cause appearing, defendants' motion to continue trial is granted. The Court finds good cause for continuance based on the stipulation and the fact that the parties have scheduled mediation in March 2017. The April 28, 2017 MSC and the May 22, 2017 trial dates are vacated. Pursuant to the parties' stipulation, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Feb 27, 2017

  • Type

    Contract

  • Sub Type

    Breach

MARTHA GUERRA VS. BARRON LAW CORPORATION

The parties having stipulated and good cause appearing, defendants' motion to continue trial is GRANTED. The Court finds good cause for continuance based on the stipulation and the fact that the Court unilaterally set a trial date and the parties need additional time to complete discovery despite diligent efforts. The April 5, 2016 MSC and the May 16, 2016 trial dates are vacated.

  • Hearing

    Feb 24, 2016

  • Type

    Contract

  • Sub Type

    Breach

MARGARET LYONS VS. NEUMANN ENTERPRISES INC

Good cause appearing and no opposition having been received, Defendants' motion to continue the trial is granted. The Court finds good cause for continuance due to the conditional agreement of Plaintiff and the unavailability of Defendants' counsel. Plaintiff's counsel does not oppose the continuance so long as trial takes place before the end of the year. The August 30, 2017 MSC and September 11, 2017 trial dates are vacated.

  • Hearing

    Aug 07, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

MARCAS RUSSELL VS. THE CITY OF SACRAMENTO

Good cause appearing and based on the stipulation of the parties, Defendants' motion to continue the trial is granted. The Court finds good cause for continuance due to the stipulation of the parties and the unavailability of Plaintiff's and Defendants' counsel due to the trial of another case. The June 28, 2017 MSC and the August 8, 2017 trial dates are vacated. Further, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Jun 26, 2017

  • Type

    Employment

  • Sub Type

    Other Employment

DARLENE CYRUS VS. STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC HEALTH

Pursuant to the parties' stipulation, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date. The trial continuance shall be no longer than 9 months. Accordingly, this case is referred to 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.

  • Hearing

    Nov 07, 2016

  • Type

    Other

  • Sub Type

    Intellectual Property

TERRY JOHNSON VS. WESLEY TRAN

Good cause appearing, and no opposition having been received, defendant's motion to continue trial is granted. The Court finds good cause for continuance based on the lack of opposition and the fact that defendant's counsel is unavailable due to a pre-paid vacation in Europe. The April 12, 2017 MSC and the May 15, 2017 trial dates are vacated. All statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Jan 04, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

JENNIFER BETTENCOURT VS. CHRISTOPHER J HAY

Pursuant to the parties' stipulation, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date. The parties are ordered to set the trial to being no later than April 2017. Accordingly, this case is referred to 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.

  • Hearing

    Nov 17, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALONZO M. CURRY VS. STATE OF CALIFORNIA

Good cause appearing, defendant's motion to vacate the July 1, 2013 trial date and the May 23, 2013 settlement conference date is GRANTED. This case will be referred to the court's trial selection process for assignment of new dates. The court finds good cause to continue settlement conference and trial given the absence of opposition, the fact the case remains in the pleading stage, and motions challenging the pleadings are set to be heard after the current trial date.

  • Hearing

    May 01, 2013

  • Type

    Other

  • Sub Type

    Intellectual Property

DAVID JEFFREY TOWEY VS. JAMES LONGORIA MD

Good cause appearing, and no opposition having been received, defendant James Longoria's motion to continue trial is GRANTED. The Court finds good cause for continuance based on the lack of opposition and the fact that Dr. Longoria's counsel is unavailable due to a conflicting trial. The January 21, 2016 MSC and the February 23, 2016 trial dates are vacated. All statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Nov 16, 2015

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

SALVADOR SILVA VS. ROXANNE CONCHITA MORALES

The parties having stipulated and good cause appearing, defendant's motion to continue trial is GRANTED. The Court finds good cause for continuance based on the stipulation and the fact that the parties have been unable to obtain plaintiff's medical records, despite diligent efforts. The June 20, 2016 MSC and the July 12, 2016 trial dates are vacated. Pursuant to the parties' stipulation, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Jun 09, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

GEORGIANNA DRISCOOLL BY AND THROUGH HER SUCCESSOR IN INTEREST VS. WHITNEY OAKS CARE CENTER

The parties having stipulated and good cause appearing, defendants' motion to continue trial is granted. The Court finds good cause for continuance based on the stipulation and the fact that defense counsel was unaware of the trial date until February 27, 2017. The May 1, 2017 MSC and the June 19, 2017 trial dates are vacated. Pursuant to the parties' stipulation, all statutory deadlines, including discovery and expert discovery, shall be governed by the new trial date.

  • Hearing

    Apr 10, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARGARET LYONS VS. NEUMANN ENTERPRISES INC

Good cause appearing and no opposition having been received, Defendants' motion to continue the trial is granted. The Court finds good cause for continuance due to the conditional agreement of Plaintiff and the unavailability of Defendants' counsel. Plaintiff's counsel does not oppose the continuance so long as trial takes place before the end of the year. The August 30, 2017 MSC and September 11, 2017 trial dates are vacated.

  • Hearing

    Aug 07, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

SGARLATO VS COUNTY OF RIVERSIDE

Given that these claims are mixed with invalid claims and claims arising out of Cardenas’ actions, the court will deny the entire motion at this time. If plaintiff wants to amend in a more limited fashion, the court will have to wait and see what the plaintiff files, but it would allow plaintiff to file a new, more limited motion to amend.

  • Hearing

    Aug 01, 2019

RAMESH SHRESTHA VS. HOTEL SUNRISE, INC. ET AL

Notice Of Motion And Motion For Leave To File Second Amended Complaint Matter on calendar for Friday, April 6, 2018, Line 5, PLAINTIFF RAMESH SHRESTHA'S Notice Of Motion And Motion For Leave To File Second Amended Complaint. Plaintiff's motion for leave to file second amended complaint is GRANTED. As defendants request, the trial date is continued to October 29, 2018, with a new discovery cutoff of October 1, 2018. (See Honig v. Financial Corp. of America (1992) 6 Cal.App.4th 960, 967.)

  • Hearing

    Apr 06, 2018

TOREM V. HARON MOTOR SALES, INC.

Motion: Plaintiff’s Motion to Amend Complaint Tentative Ruling: To grant, with plaintiff granted 10 days’ leave to file the Second Amended Complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. All new allegations are to be set in boldface type. Explanation: Motions for leave to amend the pleadings are directed to the sound discretion of the judge.

  • Hearing

    Dec 07, 2017

  • Type

    Other

  • Sub Type

    Intellectual Property

THOGMARTIN VS MCCANN [IMAGED

The new claims will require additional discovery. It is not known how many people will have to be re-deposed, but it appears that at least plaintiff will need to be re-deposed. There is insufficient time to accomplish the additional discovery and for defendant to bring a dispositive motion with the current trial date. Trial will need to be continued. On the other hand, the events that give rise to this lawsuit occurred just one year ago. It would be an abuse of discretion to deny leave to amend.

  • Hearing

    Sep 19, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

CHRISTOPHER BORY VS SUPER CYCLES & SCOOTERS LLC

“On the court’s own motion or at the request of any party, the court may set one or more mandatory settlement conferences.” CRC Rule 3.1380(a). “Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the court for good cause. If any consent to settle is required for any reason, the party with that consensual authority must be personally present at the conference.” CRC Rule 3.1380(b). The unopposed motion is granted.

  • Hearing

    Jul 13, 2018

CHRISTOPHER BORY VS SUPER CYCLES & SCOOTERS LLC

“On the court’s own motion or at the request of any party, the court may set one or more mandatory settlement conferences.” CRC Rule 3.1380(a). “Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the court for good cause. If any consent to settle is required for any reason, the party with that consensual authority must be personally present at the conference.” CRC Rule 3.1380(b). The unopposed motion is granted.

  • Hearing

    Jul 13, 2018

EDWARD JORDAN ET AL VS CITY OF LOS ANGELES

The Court finds that the discovery burden created by this amendment is insubstantial because (1) this new cause of action shares factual commonalities with Plaintiff’s other causes of action, particularly her cause of action for failure to prevent harassment, and (2) trial has been continued to April 7, 2020. Having said that, the Court agrees that Plaintiff has offered an inadequate explanation for not amending her administrative complaint and FAC earlier.

  • Hearing

    Sep 25, 2019

PEREZ V. SMART-K LLC, ET AL.

Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) “Despite this broad discretion, the courts have long recognized that the terminating sanction is a drastic penalty and should be used sparingly.” (Ibid.) The trial court should tailor the sanction for such conduct to “fit the crime.” (Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1293.)

  • Hearing

    Feb 28, 2020

FLAVIO MARTINEZ VS DEBORAH L KARAPETIAN ET AL

CASE NUMBER: BC578856 HEARING DATE: 1/19/17 CALENDAR NUMBER: 9 DATE FILED: 4/15/15 TRIAL DATE: N/A NOTICE: OK PROCEEDING: Motion for Reconsideration (Code Civ. Proc., § 1008) MOVING PARTY: Plaintiff Flavio Martinez OPPOSING PARTY: Defendants Deborah L. Karapetian and Law Offices of Deborah L. Karapetian COURT’S TENTATIVE RULING The statutory motion for reconsideration is denied as untimely. (Code Civ. Proc., § 1008, subd. (a).)

  • Hearing

    Jan 18, 2017

ANGELINA PADILLA VS HOOTERS

For all future hearings and trial dates, the parties are ordered to appear at the Court’s new location effective April 16, 2018: 312 North Spring Street, Department 5, Los Angeles, CA 90012. The moving party is ordered to provide notice of this order, including the Court’s new location and new department number effective April 16, 2018. DATED: April 12, 2018 ___________________________ Elaine Lu Judge of the Superior Court

  • Hearing

    Apr 12, 2018

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

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