Judge: Stephen P. Pfahler, Case: 23STCV05571, Date: 2024-08-14 Tentative Ruling

Case Number: 23STCV05571    Hearing Date: August 14, 2024    Dept: 68

Dept. 68

Date: 8-14-24

Case: 23STCV05571

Trial Date: Vacated

LEAVE TO AMEND

MOVING PARTY: Plaintiffs, Julian Cano, et al.

RESPONDING PARTY: Defendants, Capital One, N.A., et al.

RELIEF REQUESTED

Motion for Leave to File a First Amended Complaint

SUMMARY OF ACTION

Plaintiffs Julian Cano and Shaniqua Cones allege Defendants failure to provide certain material information regarding total mileage on a 2016 Honda Civic vehicle purchased by the parties on November 20, 2021.

On March 13, 2023, Plaintiffs filed their complaint for 1. Violations of the Consumers Legal Remedies Act; 2. Intentional Misrepresentation; 3. Concealment 4. Negligent Misrepresentation; 5. Breach of the Implied Warranty of Merchantability; 6. Violation of the Unfair Competition Law; and 7. Violation of Vehicle Code § 11711. On October 17, 2023, Defendant Shift Operations, LLC filed a notice of Bankruptcy showing a Chapter 11 Bankruptcy petition filed on October 9, 2023. On November 6, 2023, the case was ordered stayed as to the Shift Operations, LLC.

On March 29, 2024, Plaintiffs dismissed American Contractors Indemnity without prejudice. On May 6, 2024, the court stayed the entire action due to the Shift Operations, LLC bankruptcy. The court vacated the August 12, 2024, trial date.

On June 11, 2024, Plaintiff dismissed Shift Operations, LLC without Prejudice.

RULING: Continued.

Plaintiffs Julian Cano and Shaniqua Cones move for leave to file a first mended complaint in order to add new allegations, delete certain claims, and update certain material information. [Declaration of Declaration Gregroy Babbitt, Compendium of Exhibits, Ex. 1.]

Following the April 16, 2024, filing of the motion, the court stayed the entire action, due to the bankruptcy of Shift Operations, LLC. Plaintiffs subsequently dismissed Shift Operations, LLC without prejudice on June 11, 2024, and request the court reinstate the action to the civil active list. [Declaration of Gregory Babbit in Response to Order to Show Cause regarding Bankruptcy Status and Stay, etc.] The OSC re: Bankruptcy Proceedings is currently set for August 28, 2024. The court therefore continues the subject hearing pending the OSC or at the subject hearing. Should the court reinstate the action to the civil active list on August 28, 2024, or sooner, the court will set new hearing dates, including the instant motion, in order to allow Defendants an opportunity to oppose.

Plaintiff to provide notice.