Evan Colavincenzo v La Cumbre Golf and Country Club

Case Number

24CV03173

Case Type

Hearing Date / Time

Wed, 07/09/2025 - 10:00

Nature of Proceedings

Defendants Motion to Continue the Trial Date

Tentative Ruling

Plaintiff: James Cordes

Defendant: John Guarino

RULING

The motion is DENIED. The calendared dates are all confirmed: Final CMC 7/30/25; MSC 9/5/25; SJ Motion 9/10/25; Trial 9/24/25.  

Analysis

This case was filed in June 2024 and the Answer was filed in August 2024. This is the motion of Defendant to continue trial. The motion was filed on May 14, 2025.

It is not a complicated case. Plaintiff claims he worked for Defendant for 43 years working for 60 hours per week without overtime pay or all his breaks. Defendant allegedly suggested it was time for Plaintiff to retire; he complained that was age discrimination; he was fired. Defendant denies these allegations and alleges Plaintiff was properly classified and terminated for reasons unrelated to his age.

The trial date was set on 10/9/24, with the same attorneys present that are now on the case  and was set for 9/24/25 [almost one year later].

On 5/19/25, at an ex parte hearing, the Court made rulings related to Defendant’s claim that time was expiring related to its opportunity to file a Summary Judgment Motion. The Court solved that problem, and the Motion is now set for 9/10/25.

The Court, at that time, gave its reasons for not continuing the trial date, in detail.