Judge: Stephen I. Goorvitch, Case: BC396164, Date: 2023-07-11 Tentative Ruling

Case Number: BC396164    Hearing Date: September 11, 2023    Dept: 39

Barbara Politsch v. Dollar Rent a Car

Case No. BC396164

Case Management Order

            Plaintiff Barbara Politsch (“Plaintiff”) filed this personal injury case after she fell outside a Dollar Rent-a-Car on August 15, 2006.  Plaintiff obtained a default judgment against the purported property owner, Metroplaza Partners, LLC (“Defendant”), on March 20, 2012.  The Court then granted Defendant’s motion to vacate the default judgment.  The Court found, among other things, that there was a defect in service and serious question whether Defendant has any liability in this case.  The evidence established that Defendant sold the property in 2005, and there is no legal or practical reason why a former landlord would maintain control over a property it sold to a new landlord.  The Court incorporates by reference its order of July 11, 2023. 

            The Court conducted a case management conference on September 11, 2023.  Pursuant to the written Order to Show Cause, dated July 11, 2023, the Court bifurcates discovery as follows:

(1) The parties shall conduct discovery on whether Defendant owned or controlled the property; (2) Defendant may file a motion for summary judgment/adjudication on this issue; and (3) In the event the motion is denied, the parties shall conduct discovery on the remaining issues on the case.

            The Court sets the following dates:

            Motion for Summary Judgment:        February 5, 2024, at 8:30 a.m.           

            Final Status Conference:                    March 1, 2024, at 9:00 a.m.   

            Trial:                                                   March 12, 2024, at 9:30 a.m. 

This schedule affords the parties over four months to conduct discovery on a straightforward issue: Whether Defendant owned or controlled the property when Plaintiff fell on August 15, 2006.  The Court orders that the parties may not conduct discovery except on this issue without written authorization from the Court.  The Court orders Defendant to file and serve its motion for summary judgment sufficiently in advance of February 5, 2024, to afford statutory notice.  If the Court denies the motion for summary judgment, the Court will entertain a request to continue the trial date. 

            The Court orders that jury fees shall be posted on or before September 25, 2023, or this case shall proceed as a bench trial.  The Court orders the parties to comply with all pretrial procedures for Department #39, a copy of which may be found on the Court’s website.

            The Court’s clerk shall provide notice.