Judge: Bruce G. Iwasaki, Case: 22STCV27572, Date: 2023-02-24 Tentative Ruling

Case Number: 22STCV27572    Hearing Date: February 24, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             February 24, 2023

Case Name:                Control Air Enterprises, LLC v. Webcor Construction, L.P. et al.

Case No.:                    22STCV27572

Motion:                       Demurrers x2

                                    Motion for stay and for an order compelling Plaintiff to comply with the parties’ contractual dispute resolution procedures

Moving Party:             Defendants Next Century Partners, LLC and Next Century Partners Mezzanine Borrower, LLC

Opposing Party:          Plaintiff Control Air Enterprises LLC

Tentative Ruling:      The demurrers and motion to stay and for an order compelling Plaintiff to comply with the parties’ contractual dispute resolution procedures are taken off calendar.   

             

            This is a construction dispute between a subcontractor, general contractor, and the developer of the Hyatt Regency Century Plaza Hotel.

            Next Century Partners, LLC and Next Century Partners Mezzanine Borrower, LLC (Defendants) filed demurrers and a motion for stay.  The motion to stay sought an order compelling Plaintiff to comply with certain dispute resolution procedures in the parties’ contract, which included sending this matter to a judicial referee.

 

            Defendants’ counsel withdrew from this case on January 23, 2023.

 

            Plaintiff filed a “Notice of Intent to File Amended Pleading” on February 9, 2023.  While Code of Civil Procedure section 472 states that the amended pleading should be filed and served “no later than the date for filing an opposition to the demurrer,” the statute also allows for the filing “after the date for filing an opposition to the demurrer . . . upon stipulation by the parties.”  Defendants are no longer represented and so the Court accepts Plaintiff’s representation that it will file the amended pleading on or before February 24, 2023.  Accordingly, the demurrers are taken off calendar.

 

            In addition, Defendants are LLCs, and so, must be represented by counsel to appear in litigation.  (Merco Construction Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.)  Therefore, the Court also takes the motion to stay and for an order compelling Plaintiff to comply with the parties’ contractual dispute resolution procedures off calendar.