Judge: Shirley K. Watkins, Case: 20VECV01113, Date: 2022-10-04 Tentative Ruling

Case Number: 20VECV01113    Hearing Date: October 4, 2022    Dept: T

TENTATIVE RULING

MOTION TO CONTINUE

THE PLAINTIFF STATES:

Plaintiff is not ready for trial because it has not been able to repair its
damages to the real property that is the subject of this litigation due to the COVID-19
pandemic. In particular, Plaintiff’s repairs will likely require a Tenant Habitability Plan
(“Plan”), to be approved by the City of Los Angeles Housing Department (the “City”)
since the property is subject to the Los Angeles City Rent Stabilization Ordinance. The
Plan requires construction contracts, time lines, and detailed plans/provisions to protect
tenants during the construction, including relocation if necessary. Plaintiff has been unable
to proceed with such a Plan during the state of emergency caused by the COVID-19
pandemic because of the stay at home orders as well as labor and supply shortages. It is
not practical or feasible for Plaintiff to coordinate the process and submit a Plan for review
and approval until the local state of emergency imposed in response to the COVID-19
pandemic has ended. Once submitted, the Plan has a mandatory 60 day appeal period,
during which time if an appeal is filed, the proceeding of any such Plan submitted would
be delayed. The Plan, and the costs/fees associated with the Plan (the actual repair costs),
are an integral part of Plaintiff’s damages claim and cannot be fixed at this time. The
delays associated with the Plan, which were entirely outside of Plaintiff’s control, also
prevent Plaintiff’s experts from finalizing its damages and other claims, which is another
reason why expert discovery has yet to commence.

THE COURT REQUESTS INFORMATION ON WHAT, IF ANYTHING, THE PLAINTIFF HAS DONE TP BEGIN TO REPAIR THE DAMAGES AND WHAT IS THE TIMETABLE?  PLEASE EXPLAIN WHY THE PLAN CANNOT BE SUBMITTED DURING THE COVID-19 "EMERGENCY"?  WHAT ARE THE DELAYS WHICH ARE "OUTSIDE OF THE PLAINTIFF'S CONTROL"?