Judge: Stephen I. Goorvitch, Case: 21STCV31560, Date: 2023-04-11 Tentative Ruling

Case Number: 21STCV31560    Hearing Date: April 11, 2023    Dept: 39

Angelus Waterproofing and Restoration, Inc. v. Shangri-La Construction, L.P., et al.

Case No. 21STCV31560

Ex Parte Application

            Plaintiff Angelus Waterproofing and Restoration, Inc. (“Plaintiff”), a subcontractor, allegedly was hired by Shangri-La Construction L.P. (“SLC”), a general contractor, to construct a portion of the work for a project involving the installation of sheet metal/sloping/caulking of cracks and walls/deck coating.  Plaintiff alleges that it was not paid the contracted price of $89,700 for the work.  Trial is set for May 23, 2023.  Now, Defendants seek to continue the trial date and specially-set a hearing date on SLC’s motion to file a cross-complaint against Plaintiff.

            The Court grants the ex parte application.  As an initial matter, the Court does not anticipate being available to try this case on May 23, 2023, as the undersigned has jury duty starting the following week.  In addition, Defendants articulate good cause for a trial continuance.  There were heavy rains in late 2022 to early 2023, resulting leaks in different areas of the project and a failure of traffic coating.  (Declaration of Paul A. Breucop, ¶ 8.)  On or about March 27, 2023, Defendants’ expert concluded that the leaks were caused by excessive amounts of moisture seeping through the concrete due to, in part, improper application of waterproofing coatings.  (Id., ¶ 9.)  Not only are these new developments supporting a trial continuance, judicial economy favors addressing all of the claims in one litigation, as opposed to requiring Defendants to file a separate case. 

            Based upon the foregoing, the Court orders as follows:

            1.         The Court grants Defendants’ ex parte application.

            2.         The Court advances and continues the final status conference and trial dates as follows:

                        a.         Final Status Conference:         November 17, 2023, at 9:30 a.m.

                        b.         Trial:                                        November 28, 2023, at 9:30 a.m.

            3.         The Court shall hear Defendants’ motion for leave to file a cross-complaint on May 23, 2023, at 8:30 a.m.

            4.         The discovery and motions deadlines shall be set as follows:

                        a.         The fact discovery deadlines shall be based on the new trial date (November 28, 2023).

                        b.         The expert designation deadlines and discovery cutoff as it relates to the causes of action in the complaint shall be based on the former trial date (May 23, 2023).

                        c.         The expert designation deadlines and discovery cutoff as it relates to any new causes of action (i.e., those in any cross-complaint) shall be based on the new trial date (November 23, 2023). 

            5.         Defendants’ counsel shall provide notice and file proof of such with the Court.