Judge: Stephen I. Goorvitch, Case: 20STCV49233, Date: 2023-03-29 Tentative Ruling

Case Number: 20STCV49233    Hearing Date: March 29, 2023    Dept: 39

Alexander Moradi, et al. v. Lyons Development, Inc., et al.

Case No. 20STCV49233

            The Court posts this tentative order on March 25, 2023, in advance of the hearing on March 29, 2023, at 8:30 a.m.  Plaintiff Alexander Moradi (“Plaintiff”) filed this construction defect case on December 24, 2020.  The Court held a case management conference on August 5, 2021.  At the time, the first amended complaint named only four sets of defendants, and only two cross-complaints had been filed.  The Court sets dates and did not issue a special case management order.  Since the case management conference, the case has expanded in scope.  On December 1, 2022, Plaintiff filed a second amended complaint asserting claims against 35 defendants, and there are nine cross-complaints thus far.  The parties are regularly adding defendants by way of Doe amendments.  Some defendants have not been served, and defaults have not been entered against other defendants.  The parties have not stipulated to a special case management order.

            Based upon the foregoing, the Court orders as follows:

            1.         The Court advances and vacates all dates.

            2.         The Court believes this case should be transferred to the complex court.  The Court orders Plaintiff to file a complex court questionnaire forthwith.

            3          The Court orders Plaintiffs’ counsel to send a courtesy copy as follows:

Judge David S. Cunningham

Spring Street Courthouse

312 North Spring Street, Dept. #11

Los Angeles, California 90012

Attention: Complex Court Questionnaire.

            4.         The Court issues an Order to Show Cause why this case should not be stayed pending: (1) A decision whether the case will remain in Department #39 or will be transferred to the complex court; and (2) Implementation of a special case management order.  The OSC hearing shall be held on April 5, 2023, at 8:30 a.m.  The Court provides notice that absent good cause, the Court intends to stay this case until the assignment is determined and a special case management order is issued. 

            5.         The Court orders the parties to meet-and-confer concerning a special case management order that would govern all discovery and litigation in this case.

            6.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.