Judge: Curtis A. Kin, Case: 22STCV27953, Date: 2023-02-21 Tentative Ruling

Case Number: 22STCV27953    Hearing Date: February 21, 2023    Dept: 72

MOTION FOR TRIAL PREFERENCE

AND/OR BIFURCATION

Date:               2/21/23 (9:30 AM)

Case:               Stanford Ventures LLC v. 6500 Avalon Blvd, LLC et al. (22STCV27953)

TENTATIVE RULING:

Defendant/Cross-Complainant 6500 Avalon Blvd, LLC’s UNOPPOSED Motion for Trial Preference and/or Bifurcation is GRANTED IN PART.

Pursuant to CCP § 1062.3, defendant and cross-complainant 6500 Avalon Blvd, LLC (“Avalon”) moves for trial preference for the entire case. Here, the only declaratory relief cause of action in the operative pleadings is in the Cross-Complaint. Avalon contends that the entire action requires a speedy trial because it cannot proceed with its multi-million-dollar project until the disputed area is cleared for fire lane use, and it is losing thousands of dollars a day in delay damages. (Karp Decl. ¶ 6.) However, the operative pleadings contain other causes of action, such as trespass and nuisance, for which expert testimony may be required and which does not specifically pertain to Avalon’s concern about the delay of the project. Pursuant to CCP § 1062.3(b), the Court declines to grant trial preference to the entire action.

Alternatively, Avalon moves for bifurcation of the declaratory relief cause of action contained in the Cross-Complaint and trial preference as to that claim. (See CCP § 1048(b).) Here, absent any opposition from plaintiff, the Court finds that bifurcation of the declaratory relief cause of action in the Cross-Complaint and granting of a trial preference as to this cause of action are warranted. The Court’s initial determination of whether plaintiff has a right to use the portion of real property in dispute in this action may ultimately assist the parties in resolving the other causes of action short of trial.