Case Number: BC614841 Hearing Date: March 26, 2018 Dept: 92

YOLANDA GARZA, ET AL.,

Plaintiff(s),

vs.

99 CENTS ONLY STORES, LLC, ET AL.,

Defendant(s).

Case No.: BC614841

[TENTATIVE] ORDER GRANTING MOTION TO CONTINUE TRIAL DATE

Dept. 92

1:30 p.m.

March 26, 2018

Plaintiffs, Yolanda and Richard Garza filed this action against Defendant, 99 Cents Only Stores for damages arising out of a slip and fall. Plaintiffs filed their complaint on 4/01/16, and the matter was originally set for trial on 10/02/17. The parties have continued the trial date twice, and it is now set for 4/02/18.

At this time, Defendant moves to continue the trial date for approximately three months, from 4/02/18 to early July of 2018. Of note, all parties to the action have stipulated to the requested continuance. Defendant establishes that Plaintiff recently had surgery on her knee (for injuries claimed to be a result of the accident), and therefore Defendant still needs to have Plaintiff undergo her IME and also needs to obtain the updated medical records from the surgery. Defendant also shows that the parties have a mediation scheduled on 4/11/18.

The Court finds the status of Plaintiff’s knee surgery is compelling and meets the “good cause” requirement for a continuance of the trial in this case; additionally, the Court encourages the parties to participate in mediation in an attempt to resolve the case. The Court will therefore grant the motion.

The 4/02/18 trial date is advanced to today’s date and continued to 7/29/18 at 8:30 a.m. in D-92. The Court sets an FSC for 7/15/18 at 10:00 a.m. in D-92. All discovery cut-off dates are continued to reflect the new trial date.