Judge: Stephen P. Pfahler, Case: 23STCV30695, Date: 2025-05-06 Tentative Ruling

Case Number: 23STCV30695    Hearing Date: May 6, 2025    Dept: 68

Dept. 68

Date: 5-6-25

Case 23STCV30695

Trial Date: Vacated (9-8-25 c/f 3-17-25)

RELIEVED AS COUNSEL OF RECORD

MOVING ATTORNEY: Donald Velez, et al.

CLIENT:  Plaintiff, Miranda Logistics

RELIEF REQUESTED

SUMMARY OF ACTION

Plaintiff Miranda Logistics alleges Defendant Tutor Perini O &G and Joint Venture allege a contract for the provision of loading trucks for certain work. Plaintiff alleges non-payment of invoices.

On December 15, 2023, Plaintiff filed a complaint for Breach of Express Contract and Breach of Implied Contract. Tutor Perini O &G answered the complaint on February 2, 2025. On Octeober 2, 2024, the court granted the ex parte application to allow for the filing of a first amended complaint. On October 21, 2024, Plaintiff filed a first amended complaint for Breach of Express Contract and Breach of Implied Contract. On November 26, 2024, Tutor Perini O &G filed a cross-complaint against Miranda Logistics for Breach of Contract. Tutor Perini O &G answered the complaint on December 6, 2024.

On December 19, 2024, the court ordered the case stayed due to the filing of a bankruptcy petition by Plaintiff.

RULING: Off-Calendar.

Counsel for Plaintiff/Cross-Defendant Miranda Logistics moves to be relieved as counsel of record due to a “conflict.”

While the motion complies with all procedural requirements, the case remains stayed in its entirety due to the bankruptcy filing of Plaintiff/Cross-Defendant Miranda Logistics. The court finds no basis for any exception to the stay. The motion is therefore taken off-calendar.

OSC re: Bankruptcy Status on calendar for October 2, 2025.

Moving counsel to provide notice to all parties.