Judge: Randy Rhodes, Case: PC057534, Date: 2023-01-12 Tentative Ruling
Case Number: PC057534 Hearing Date: January 12, 2023 Dept: F51
Dept. F-51
Date: 1/12/23
Case #PC057534
MOTION TO VACATE TRIAL AND RELATED DEADLINES
Motion Filed: 12/14/22
MOVING PARTY: Plaintiff Silicon Valley Bank
RESPONDING PARTY: Defendants Matthew R. Rogers; Sarah L. Rogers; Oakgrove Family Park, LLC; Robert Masino; and Richard Masino
NOTICE: OK
RELIEF REQUESTED: An order vacating: (1) the 8/21/23 trial date; (2) the 8/11/23 final status conference date; (3) the 6/6/23 mandatory status conference date; and (4) the 2/28/23 post-mediation status conference date. Plaintiff also requests that the Court specially set a case management conference for some time after the trial in the related case (Oak Grove Mobil Home Park, LLC v. Josh Hodeda, et al., Case No. 19CHCV00958.)
TENTATIVE RULING: The motion is granted. A case management conference is set for 9/20/23, which is 30 days from the trial date in Oak Grove Mobil Home Park, LLC v. Josh Hodeda, et al., Case No. 19CHCV00958.
BACKGROUND
On 1/24/17, Boston Private Bank & Trust Co. (“Boston Private”) filed this action for, among other things, appointment of receiver, judicial foreclosure, and breach of guaranty against Defendants Matthew R. Rogers (“M. Rogers”) and Sarah L. Rogers (“S. Rogers”), individually and as trustees of the Rogers Family Trust dated March 25, 2003 (“Rogers Trust”), Oakgrove Park, LLC (“Oakgrove”), and Robert Masino (“Masino”), individually and as trustee of the Masino Family Trust dated June 22, 1977 (“Masino Trust”) (collectively, “Defendants”).
On 12/2/19, Oak Grove Mobil Home Park, LLC v. Josh Hodeda, et al., Case No. 19CHCV00958 (the “Oak Grove Action”) was filed against the Receiver in the instant action. On 11/6/20, the Court ordered this action and the Oak Grove Action related.
At the 10/17/22 Case Management Conference, the Court set the following trial-related dates: (1) non-jury trial on 8/21/23; (2) final status conference on 8/11/23; (3) mandatory status conference on 6/6/23; and (4) post-mediation status conference on 2/28/23. (10/17/22 Minute Order.)
On 12/14/22, Plaintiff filed the instant motion to vacate the trial-related dates set by the Court on 10/17/22. No opposition has been filed to date.
ANALYSIS
The Court is authorized by statute to “maintain control over the pace of litigation” and “actively manage the processing of litigation from commencement to disposition.” (Gov. Code § 68607.)
Here, Plaintiff seeks to vacate the trial-related dates pending the outcome of the Oak Grove Action, as “the trial is largely premature and possibly unnecessary because the parties have been waiting upon the receivership portion of this action to be resolved with the approval of the Receiver’s final report and accounting.” (Pl.’s Mot. 5:10–12.)
Moreover, Plaintiff’s counsel declares under penalty of perjury that he was unable to call in to the 10/17/22 Case Management Conference through no fault of his own. (Decl. of Gerrick Warrington, ¶ 3.) The parties have stipulated to vacate the trial-related dates. (Ex. 1 to Warrington Decl.)
Based on the foregoing, the Court grants Plaintiff’s motion to vacate (1) the 8/21/23 trial date; (2) the 8/11/23 final status conference date; (3) the 6/6/23 mandatory status conference date; and (4) the 2/28/23 post-mediation status conference date.
CONCLUSION
The motion is granted. A case management conference is set for 9/20/23, which is 30 days from the trial date in Oak Grove Mobil Home Park, LLC v. Josh Hodeda, et al., Case No. 19CHCV00958.