Cho

I. Background.

Cho filed the present action against CKE Restaurants Holdings, Inc. d/b/a Carl’s Jr. Restaurant (CKE) and Does 1 to 20 on March 15, 2017. The complaint alleged that in August 2015, Cho lived in an apartment next to a Carl’s Jr. Restaurant (restaurant). At CKE’s direction, trash was collected from the restaurant every morning between 4:00 and 6:00 a.m., disrupting

All subsequent statutory references are to the Code of Civil Procedure.

2 Cho’s sleep and causing his physical and psychological health to deteriorate. Cho notified CKE of the problem, but it refused to have the restaurant’s trash collected at a different time. Cho alleged that these practices gave rise to causes of action for nuisance and intentional and negligent infliction of emotional distress. (Cho v. CKE Restaurants Holdings, Inc. (Apr. 27, 2022, B310704) [nonpub. opn.].) In January 2018, CKE filed an indemnity cross-complaint against its trash collector, Haul-Away. On March 4, 2019, Cho amended his complaint to substitute Haul-Away into the case as a Doe defendant.

II. Haul-Away’s motions to continue the trial date.

The case originally was set for trial on September 17, 2018. In May…