Judge: Colin Leis, Case: 21AHCV00156, Date: 2022-09-12 Tentative Ruling

Case Number: 21AHCV00156    Hearing Date: September 12, 2022    Dept: 3

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

DEPARTMENT 3

MOVING PARTY:                Defendant/Cross-Complainant Building Worx, Inc.

RESPONDING PARTY:       Cross-Defendants Rainy Day Roofing, Inc. and Horizon Plastering, Inc.

Motion to Designate Action Complex and for an Order on the Entry of a Case Management Order

The court considered the moving papers, opposition, and reply filed in connection with this motion. The court also considered Plaintiffs’ joinder in the motion, and Cross-Defendant Mark Beamish Waterproofing, Inc.’s limited joinder in the opposition.

BACKGROUND

            Plaintiffs Chin Yu (John) Yeh and Terri Cheong filed this construction defect action on December 17, 2021 against Defendant Building Worx, Inc. (“Building Worx”). This case arises from a construction project to build a residence located at 2020 Gardi Street, Bradbury, California, and Plaintiffs allege that their contractor, Building Worx, acted negligently, causing various defects throughout the home. The operative First Amended Complaint was filed on January 18, 2022.

Building Worx moves to designate this action as complex.

REQUEST FOR JUDICIAL NOTICE

            The court grants Building Worx’s request for judicial notice as to Exhibit 1.

DISCUSSION

A “complex case” is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel. (Cal. Rules of Court, rule 3.400(a).) In deciding whether an action is complex, the court must consider, among other things whether the action is likely to involve (1) numerous pretrial motions raising difficult or novel legal issues that will be time-consuming to resolve, (2) management of a large number of witnesses or a substantial amount of documentary evidence, (3) management of a large number of separately represented parties, (4) coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court, or (5) substantial postjudgment judicial supervision. (Cal. Rules of Court, rule 3.400(b).) Construction defect claims involving many parties or structures are provisionally complex. (Cal. Rules of Court, rule 3.400(c).)

The court does not find that this action is complex. While it is a construction defect case, there is only one structure involved, and a residential structure at that. Moreover, while there may potentially be many parties involved (including many subcontractors), all claims arise from the same event, facts, and circumstances. The court also notes that it has significant experience in resolving similar construction defect claims involving a similar number of parties. Based on the arguments presented by the parties, there are unlikely to be motions that raise difficult or novel legal issues, and management of witnesses will unlikely be so cumbersome as to require exceptional judicial management. Nevertheless, the court notes that the complex designation can be made at any time, and so if circumstances later arise that merit a complex designation, the court will reconsider at the appropriate time. (Cal. Rules of Court, rule 3.403(b).)

CONCLUSION

Based on the foregoing, the court denies Building Worx’s motion, without prejudice.

Rainy Day Roofing is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED:  September 8, 2022

_____________________________

Colin Leis

Judge of the Superior Court