Judge: Stephen I. Goorvitch, Case: BC703537, Date: 2023-02-10 Tentative Ruling

Case Number: BC703537    Hearing Date: February 10, 2023    Dept: 39

Felix Lopez, et al. v. Kathleen Williams McBride

Case No. BC703537

Motion to Coordinate Trial

            Third-party Hector Canino Jr. (“Canino”) filed a “motion to coordinate trial,” asking the Court to issue “an order coordinating the trials of the action and the cross-action in the above-captioned matter.”  The motion is denied for three independent reasons.  First, there was improper notice for this motion.  Although the parties filed a stipulation to continue the hearing date to address this issue, the Court is not available on the requested date to hear motions.  Second, the motion is improper, as there is no operative cross-complaint in this case.  The cross-complaint was dismissed on July 14, 2021, and the Court denied a motion to set aside that dismissal and reinstate the cross-complaint.  (See Court’s Minute Order, dated August 15, 2022.)  Third, the Court has no jurisdiction with respect to the dismissed cross-complaint, because Canino has filed a notice of appeal with respect to the Court’s order of August 15, 2022.   

            Based upon the foregoing, the Court orders as follows:

1.         The motion to coordinate trial is denied.

2.         The movant shall provide notice and file proof of such with the Court.