Judge: Stephen I. Goorvitch, Case: 18STCP03279, Date: 2025-05-14 Tentative Ruling

Case Number: 18STCP03279    Hearing Date: May 14, 2025    Dept: 82

NK West Hills, LLC v. City of Los Angeles

Case No. 18STCP03279

Order Setting Deadline and Transferring Case to Department One

            Plaintiff NK West Hills, LLC (“Plaintiff”) filed this action against the City of Los Angeles (the “City” or “Defendant”) on December 17, 2018.  Plaintiff filed writs causes of action, as well as a cause of action for inverse condemnation, among others.  The court (Beckloff, J.) held a trial setting conference on March 27, 2019, and stayed the inverse condemnation claim, as well as the other non-writs causes of action.  (See Court’s Minute Order, dated March 27, 2019.)  The case proceeded with respect to the writs causes of action.  The case was reassigned to this court (Goorvitch, J.) on April 8, 2025. 

On May 5, 2025, Plaintiff dismissed all remaining causes of action with prejudice except for the inverse condemnation claim.  (See Request for Dismissal, Dated May 5, 2025.)  Because there are no writs causes of action, the parties filed a status report requesting that the court lift the stay on the inverse condemnation claim and transfer the case to an independent calendar court, per Local Rules 2.8 and 2.9.

Following a hearing, the court ordered as follows:

1.         The court lifts the stay on the inverse condemnation claim.

2.         The court transfers this case to Department One for re-assigned to an independent calendar court on the only cause of action remaining: The second amended complaint, fourth cause of action, which is an inverse condemnation claim. 

3.         The court re-calculates the deadline by which this case must proceed to trial under Code of Civil Procedure section 583.310, commonly known as the “five-year date.”

            a.         This case was filed on December 17, 2018.  The court stayed the inverse condemnation claim on March 27, 2019.  Therefore, the inverse condemnation claim proceeded for 100 days before it was stayed.    

            b.         The court lifted the stay of the inverse condemnation claim on May 14, 2025. 

            c.         The court excludes time periods during which “trial of the action was stayed or enjoined,” per Code of Civil Procedure section 583.340(b). 

            d.         Based upon the foregoing, the deadline for the inverse condemnation case to proceed to trial is Monday, February 3, 2030 (which is 100 days less than May 14, 2030, adjusted because that date falls on Sunday, February 2, 2030.) 

4.         The court posted a tentative order to this effect and held a hearing on the re-calculation of the five-year date.  The parties indicated that they had no objection to the court re-setting the five-year date as February 3, 2030.

5.         The court’s clerk shall provide notice.