Judge: Stephen I. Goorvitch, Case: 20STCV12854, Date: 2023-05-22 Tentative Ruling

Case Number: 20STCV12854    Hearing Date: May 22, 2023    Dept: 39

1536 Blue Jay Way, LLC, et al. v. Craig R. Williams Construction, Inc., et al.

Case No. 20STCV12854

Order to Show Cause re: Five-Year Date

            Plaintiffs filed this action on April 1, 2020.  Pursuant to Code of Civil Procedure section 583.310, an action shall be brought to trial within five years.  Under normal circumstances, the deadline for this case to proceed to trial would be April 1, 2025.  However, for purposes of computing this time, the Court excludes all time for which “[b]ringing the action to trial . . . was impossible, impracticable, or futile.”  (Code Civ. Proc. s 583.340(c).)  The Court makes the following findings:   

Beginning on March 16, 2020, civil jury trials were suspended in the Los Angeles County Superior Court due to COVID-19.  Pursuant to the Presiding Judge’s order of July 10, 2020, civil jury trials would resume on the first court day in January 2021, which is January 4, 2021.  Therefore, this time period—March 16, 2020, to January 4, 2021—which is 294 days, is excludable.

Although the Court reopened for civil jury trials on January 4, 2021, the Presiding Judge authorized the civil judges to determine whether it was feasible to conduct jury trials in their respective courtrooms, in consideration of issues such as the size of the courtroom, the number of participants, and the length of the trial.  It was impossible for Department #39 to proceed with jury trials from January 4, 2021, to May 11, 2021, due to the requirements of social distancing, the number of attorneys and parties involved in jury trials, and the minimum length of jury trials.  Therefore, this time period—January 4, 2021, to May 11, 2021—which is 127 days, is excludable.

Although Department #39 reopened for jury trials on May 11, 2021, it could only conduct jury trials in smaller cases, i.e., cases involving fewer parties and taking less time than the instant case.  It remained impossible for Department #39 to conduct a jury trial in a case like the instant one until April 4, 2022.  Effective that date, the Court relaxed certain protocols (e.g., mandatory masking) based upon the Los Angeles County Department of Public Health’s updated guidance.  The Department of Public Health had determined that case and test positivity rates and hospitalizations had declined sufficiently, following the post-Omicron winter surge of COVID-19, based upon which Department #39 fully re-opened for jury trials.  Therefore, this time period—May 11, 2021, to April 4, 2022—which is 328 days, is excludable.    

Based upon the foregoing, the Court issues an Order to Show Cause why 749 days should not be excluded from the five-year period during which this case shall be brought to trial.  Accordingly, the new deadline for this case to proceed to trial would be April 20, 2027.  The Court shall hold a case management conference and hearing on this Order to Show Cause on May 22, 2023, at 1:30 p.m. at the following location:

Stanley Mosk Courthouse

111 North Hill Street

            Department #39 (Goorvitch, J.)

            Los Angeles, California 90012

The Court orders all parties to appear at the hearing, but authorizes (and encourages) remote appearances.  

            The Court provides notice that absent objection, it intends to exclude 749 days from the time during which this case must proceed to trial and re-set the five-year date as April 20, 2027.  Any party who objects must file a written objection detailing the factual and/or legal reasons why the Court cannot do so.  All objections must be filed on or before May 17, 2023.  The Court provides notice that any party who does not file a written objection and appear at the hearing shall waive the right to be heard on this issue and shall submit to the Court’s order.

            The Court understands that Judge Cunningham ordered that the case shall remain assigned to Department #39 without prejudice.  The Court advances and vacates the hearing dates on all pending demurrers and motions to strike set for hearing on May 22, 2023.  Those hearings will be re-set once there is a final determination whether the case shall remain in Department #39 or shall be reassigned to the Spring Street Courthouse. 

            The Court’s clerk shall serve this order upon Plaintiff’s counsel via regular mail and email.  Plaintiff’s counsel shall serve this order forthwith via email or other electronic means and shall file a proof of service on or before May 17, 2023.