Robert Jantzen vs. Hia Xia Lee

34-2022-00327207-CU-OR-GDS: Robert Jantzen vs. Hia Xia Lee 03/28/2025 Hearing on Motion to Continue Trial in Department 47

Tentative Ruling

NOTICE: If oral arguments are requested or appearances are required, the hearing may be conducted in person or remotely via ZoomGov [which includes telephonic and teleconferencing options]. No Court Call appearances will be permitted. If you choose to use Zoom you must use your first and last name on your ZoomGov account so the court can positively identify you. The Department 47 ZoomLink is https://saccourt-ca-gov.zoomgov.com/my/sscdept47 and the ZoomGov ID is: 16173813009. Appearances via videoconference using the above link are preferred. To appear on ZoomGov by phone, call (833) 568-8864 and enter the ZoomGov ID referenced above, available phone commands include *6 to mute/unmute or *9 to raise your hand. If you experience issues joining your hearing, please contact the clerk in Department 47 at (916) 874-5487 for assistance.

The notice of motion fails to provide notice of the Court’s tentative ruling system as modified for matters appearing on the Law and Motion in the Presiding Judge’s department. The notice must include both the verbatim notice of the Court’s 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 Judge’s 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 Robert Jantzen (“Plaintiff”) to continue trial is GRANTED.

Plaintiff has unexpectedly passed away and seeks a continuance in order to substitute a personal representative as the new plaintiff. (Turkins Decl., ¶¶ 2-6.)

Defendant Hai Xia Lee (“Defendant”) recognizes the sudden death of Plaintiff may necessitate a continuance but nonetheless requests the motion be denied or that conditions favorable to Defendant be imposed. Defendant’s belief that the action is frivolous is not grounds for denying a continuance. Further, an opposition to a motion to continue trial is not the proper procedure for seeking sanctions for alleged discovery abuses. Thus, the Court will not determine at this time whether Plaintiff has engaged in any discover abuse. Even if the Court were to conclude Plaintiff has abused discover, an order keeping discovery open for only one party would not be an appropriate remedy. Defendant is correct that a continuance does not operate to reopen discovery

34-2022-00327207-CU-OR-GDS: Robert Jantzen vs. Hia Xia Lee 03/28/2025 Hearing on Motion to Continue Trial in Department 47

after it has closed. (Code Civ. Proc. § 2024.20). Here, however, discovery has not closed. The Court may therefore extend discovery deadlines based on the new trial date without reopening discovery. Finally, Defendant’s request for an award of attorney’s fees in an unspecified amount for speculative costs Defendant may incur as a result of the continuance is denied.

The Court finds good cause for a continuance. The April 2, 2025 MSC and May 13, 2025 trial dates are VACATED.

This case is referred to the Trial Setting Process for selection of Trial and Mandatory Settlement Conference dates consistent with the above deadline. 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 http://www.saccourt.ca.gov/trial-setting. 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 statutory deadlines, including discovery and expert discovery, 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

34-2022-00327207-CU-OR-GDS: Robert Jantzen vs. Hia Xia Lee 03/28/2025 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 Court’s 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 Reporter’s Office and an official reporter will be provided.