Judge: Cherol J. Nellon, Case: 21STCV25580, Date: 2024-09-23 Tentative Ruling
Case Number: 21STCV25580 Hearing Date: September 23, 2024 Dept: 14
#6
Case Background
This is an action for breach of express warranty and
violation of Civ. Code, section 1794. Plaintiff alleges that Defendant agreed
to provide exterior painting services. The paint on Plaintiff’s building began
to deteriorate within just four years. Defendant refused to remedy the damage
to Plaintiff’s building.
On July 12, 2021, Plaintiff 417 S. Bonnie Brae Street,
LLC filed its Complaint against LD Painting Renovation, Inc.
On January 26, 2023, the Court granted the parties’
joint stipulation to continue trial and related dates.
On April 29, 2024, the Court granted another
stipulation to continue trial and related dates.
On August 30, 2024, the parties filed this joint motion
to continue trial and the final status conference and to be ordered to
participate in a mediation status conference.
On September 4, 2024, the Court ordered the parties to
participate in the court’s MSC Program.
Instant Pleading
The parties move jointly to continue trial and the
final status conference and to be ordered to participate in a mediation status
conference.
Decision
Because the
parties have already participated in the court’s MSC program, the parties’
request to be ordered to participate in an MSC is MOOT.
Discussion
The parties argue good cause exists to continue trial
because they require more time to settle this case and two related cases.
(Vosguanian Decl., ¶¶6-7.) The parties have already been ordered to participate
in an MSC program and their MSC took place on September 19, 2024. The Court
finds that good cause exists to continue trial because the MSC took place less
than one week before trial.
Conclusion
The parties’ motion to continue FSC and trial is
GRANTED. New FSC and Trial date to be determined at the hearing.
Because the parties have already participated in the
court’s MSC program, the parties’ request to be ordered to participate in an
MSC is MOOT.