Judge: Daniel M. Crowley, Case: 22STCV02669, Date: 2023-02-24 Tentative Ruling

Case Number: 22STCV02669    Hearing Date: February 24, 2023    Dept: 28

Defendant Bowa Restaurant Group, LLC’s Motion to Vacate Trial Date

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On January 24, 2022, Plaintiff Melissa Lee (“Plaintiff”) filed this action against Defendants Fatburger Corporation (“Fatburger Co.”), Fatburger aka Bowa Restaurant Group, LLC (“Fatburger LLC”) and Bowa Restaurant Group, LLC (“BRG”) for general negligence and premises liability.

On November 18, 2022, BRG filed a Motion to Vacate Trial Date to be heard on February 24, 2023.

Trial is currently scheduled for July 24, 2023.

PARTY’S REQUESTS

BRG requests the Court vacate all upcoming trial dates.

LEGAL STANDARD

CRC 3.110(b) requires service of the complaint upon all named defendants within 60 days of filing the complaint with the court. The Court’s First Amended Standing Order re Personal Injury Procedures at the Spring Street Courthouse (effective February 24, 2020) provides that “The Court Sets the above trial and final status conference dates on the condition that plaintiff(s) effectuate service of defendant(s) of the summons and complaint within six months of filing the complaint.”

DISCUSSION

Plaintiff waited 10 months to serve BRG; according to the Court’s First Amended Standing Order, the original trial date set is based upon service on defendant(s) within six months of filing the complaint. The Court grants the motion and sets a Trial Setting Conference in order to set a new trial date.

CONCLUSION

Defendant Bowa Restaurant Group, LLC’s Motion to Vacate Trial Date is GRANTED. The Court will set a trial date at the hearing of this motion.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.