Judge Mark E. Windham, Case Number: 23STLC01623, Date: 2024-03-28 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR.

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.

Hirsch Pipe & Supply Co., Inc. v. FTS Plumbing, et al.

MOTION TO SEVER TRIAL

Plaintiff Hirsch Pipe & Supply Co., Inc.’s Motion to Sever is GRANTED. THE FIFTH CAUSE OF ACTION FOR BREACH OF PERSONAL GUARANTY IS SEVERED FROM THE REMAINING CAUSES OF ACTION.

On March 9, 2023, Plaintiff Hirsch Pipe & Supply Co., Inc. (“Plaintiff”) filed the instant action against Defendants FTS Plumbing Inc., (“Defendant FTS”), Felipe Tirado (“Defendant Tirado”), and Hudson Insurance Company (“Defendant Hudson”). Notice of Stay of Proceedings due to a bankruptcy filing was filed with respect to Defendant Tirado on April 14, 2023. Default was then entered against Defendant FTS, which had not filed a responsive pleading, on April 28, 2023. On November 13, 2023, Plaintiff dismissed Defendant Hudson from the action.

Plaintiff filed the instant Motion to Sever Trial on March 1, 2024. No opposition has been filed to date.

The Motion is brought pursuant to Code of Civil Procedure section 579, which states in relevant part: “In an action against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.”

As Plaintiff explains, the action is currently stayed as to Defendant Tirado due to their bankruptcy proceeding. Only the fifth cause of action, for breach of personal guaranty, is alleged against Defendant Tirado. The remaining causes of action for breach of contract, common counts, and enforcement of contractor’s bond, are brought against Defendant FTS, which is in default. Plaintiff wishes to move forward with obtaining default judgment against Defendant FTS, and thereafter, depending on the resolution of the bankruptcy proceeding, will later seek judgment against Defendant Tirado. However, if the causes of action are not severed, Plaintiff must wait for resolution of the bankruptcy proceeding to pursue a judgment against both Defendants. This supports a finding that a severed judgment is proper.

Therefore, Plaintiff Hirsch Pipe & Supply Co., Inc.’s Motion to Sever is GRANTED. THE FIFTH CAUSE OF ACTION FOR BREACH OF PERSONAL GUARANTY IS SEVERED FROM THE REMAINING CAUSES OF ACTION.