Judge: Laura A. Seigle, Case: 20STCV17593, Date: 2023-08-29 Tentative Ruling

Case Number: 20STCV17593    Hearing Date: August 29, 2023    Dept: 15

[TENTATIVE] ORDER RE MOTION TO CONTINUE TRIAL

            Defendants Detroit Diesel Corporation, Daimler Truck North America LLC , and Hale Products, Inc. seek to continue the October 9, 2023 trial date.  This case was filed on May 6, 2020, making it more than three years old.  The amended complaint to add the wrongful death claim was filed on June 28, 2021, making the wrongful death part of the case more than two years old.

            Detroit Diesel Corporation and Daimler Truck North America LLC state they were not served until June 22, 2023 and have not had sufficient time to take discovery.  Hale Products says it needs a continuance because Plaintiffs just identified new witnesses.  The court also notes that Plaintiffs recently added yet another defendant to this old case – Meritor Inc.

            The court grants the trial continuance requested by Detroit Diesel Corporation and Daimler Truck North America LLC because they have not had the opportunity to take discovery.  However, by the new trial date, this case will be more than four years old, and the court will not continue the trial of such an old case again.

            In addition, at the June 8, 2023 group status conference, the court noted that the following defendants had not answered the first amended complaint, which was filed more than two years ago.  The court directed that if the following defendants have not filed answers, Plaintiffs are to dismiss them or obtain entry of default before the September 25, 2023 final status conference:  H.H. Robertson Company; Saint-Gobain Abrasives Inc.; The Carborundum Company; The W.W. Henry Company; Western Auto Supply; and Cummins, Inc. 

Because the September 25, 2023 final status conference is being continued, the court sets September 25, 2023 at 9 a.m. for a hearing on an Order to Show Cause why the following Defendants should not be dismissed for Plaintiffs’ failure to file proofs of service showing service of the summons and the first amended complaint within two years pursuant to pursuant to Code of Civil Procedure section 583.420:  H.H. Robertson Company; The Carborundum Company; The W.W. Henry Company; and Western Auto Supply.

The court also sets a hearing on September 25, 2023 at 9 a.m. for an Order to Show Cause re entry of default of the following Defendants who were served with, but have not answered, the first amended complaint:  Saint-Gobain Abrasives Inc. and Cummins, Inc.  In addition if Plaintiffs file proofs of service showing service of the summons and first amended complaint on H.H. Robertson Company; The Carborundum Company; The W.W. Henry Company; and Western Auto Supply within two years, then they will also be included in this September 25, 2023 Order to Show Cause re entry of default.

In sum, before September 25, 2023, if the following Defendants have not filed answers to the first amended complaint, Plaintiffs need to dismiss them or obtain entry of default:  H.H. Robertson Company; Saint-Gobain Abrasives Inc.; The Carborundum Company; The W.W. Henry Company; Western Auto Supply; and Cummins, Inc. 

The motion and ex parte application are GRANTED.  The trial is continued to June 24, 2023 at 9 a.m.  The final status conference is continued to June 10, 2023 at 9 a.m.

The court sets hearings on an Order to Show Cause re dismissal pursuant to Code of Civil Procedure section 583.420 and an Order to Show Cause re entry of default for September 25, 2023 at 9 a.m.

The moving party is to give notice of the ruling on the motion, and Plaintiffs are to give notice of the September 25, 2023 hearings on the Orders to Show Cause.