Judge: Stephen I. Goorvitch, Case: 22STCV15148, Date: 2023-08-22 Tentative Ruling

Case Number: 22STCV15148    Hearing Date: August 22, 2023    Dept: 39

Laurel Estate, LLC v. Waterproofing Systems Corp., et al.

Case No. 22STCV15148

Motion to Continue Trial Date

            Plaintiff Laurel Estate, LLC (“Plaintiff”) filed this action against Waterproofing Systems Corporation (“WSC”) on May 6, 2022.  Plaintiff owns a single-family residence and hired WSC to complete a below-grade waterproofing of the basement.  Plaintiff alleges that the work was not performed correctly and seeks over $1 million in damages, as well as attorney’s fees.  The Court held a case management conference on September 27, 2022, and set trial for October 17, 2023. 

            On January 5, 2023, WSC named Moore Foundations, Inc. (“Moore”) in place of Roe Defendant #1 in its cross-complaint.  Then, on April 18, 2023, Plaintiff filed an amendment naming Moore Foundations, Inc. (“Moore”) in place of Doe Defendant #1.  Plaintiff served Moore on April 19, 2023, and Moore filed answers to the cross-complaint and complaint on June 13, 2023, and June 15, 2023, respectively.  Now, Moore seeks to continue the trial date to April 17, 2024, which Plaintiff opposes.  Moore seeks a trial continuance because it only appeared in this action in June 2023, which does not afford sufficient time to complete discovery and prepare for trial.  The Court agrees with Moore’s position.  This constitutes good cause for a trial continuance.  .  (Cal. Rules of Court, rule 3.1332, subd. (c)(6).) 

            Plaintiff makes a series of arguments, none of which is persuasive.  First, Plaintiff argues that Moore has known about this action since January 5, 2023.  This is immaterial.  Moore did not appear until June 2023.  Plaintiff also argues that Moore’s counsel did not sign the moving papers or declaration.  Per California Rules of Court, rule 8.75, Moore’s counsel was deemed to have filed the moving papers.  The declaration required an electronic or wet signature, but the moving papers provide a sufficient basis for the Court to grant this motion.  Finally, Plaintiff argues that it is prejudiced by a continuance, but Moore’s due process rights take priority.

            Based upon the foregoing, the Court orders as follows:

            1.         Moore’s motion for a trial continuance is granted.

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

                        Final Status Conference:        July 26, 2024, at 9:30 a.m.

                        Trial:                                       August 6, 2024, at 9:30 a.m.  

            3.         The Court issues an Order to Show Cause why this case should not be designated as a long cause case.  The hearing shall be held on April 15, 2024, at 8:30 a.m.  The Court orders the parties to file a witness list prepared in conformity with the Court’s procedures (e.g., lists every witness, has columns for direct, cross, redirect, and recross examinations, adds the totals at the bottom, etc.) on or before April 2, 2024.

            4.         Counsel for Moore shall provide notice and file proof of such with the Court.