Judge: Ronald F. Frank, Case: 22TRCV00584, Date: 2023-01-09 Tentative Ruling

Case Number: 22TRCV00584    Hearing Date: January 9, 2023    Dept: 8

Casino, LLC dba Larry Flynt’s Lucky Lady Casino, et al. vs Apex Mechanical Services, Inc., 22TRCV00584

                For January 9, 2023 OSC hearing, the Court will inquire as to whether Plaintiff intends to dismiss named defendant Roessler Design Group (RDG) without prejudice or pursue efforts to serve that defendant.  The Court has reviewed the Declaration of Apex’s counsel Mr. Yarling explaining why Apex has not served its Cross-Complaint against Cross-Defendant RDG.  In a nutshell, Mr. Yarling presents proof that RDG is defunct and its principal Mr. Roessler has passed away.  Mr. Yarling’s declaration presents reasonable diligence in attempting to serve RDG.

                The Complaint alleges that in 2018, Defendants installed two new HVAC units on the roof of Plaintiff’s casino in Gardena, with Apex performing the construction and installation and RDG providing structural engineering work for the project.  Plaintiff further alleges that a year later, the casino roof collapsed allegedly due to negligence by Apex in the installation and RDG in failing to ensure that the Casino roof could withstand the 13,000 lb. weight of each HVAC unit without structural reinforcement.  The Suit for damages seeks $15M, including cost fo repair, damage to the casino interior, and business interruption.    At the time of its Answer, Apex also filed a Cross-Complaint against RDG and Does for indemnity, contribution, apportionment and declaratory relief.  Neither Plaintiff nor Apex has filed proof of service to their Complaint or Cross-Complaint, respectively against RDG.

                The Court’s tentative for the January 9 OSC hearing is to continue the hearing to February 17, 2023, the same date as Apex’s motion for an order serving RDG via the California Secretary of State.  Given the Peñasquitos case, that motion appears to have merit.