Judge: Steven A. Ellis, Case: 21STCV29691, Date: 2024-02-23 Tentative Ruling

Case Number: 21STCV29691    Hearing Date: April 2, 2024    Dept: 29

The Court will hear from counsel.

The Court currently has two other motions under submission in this action that involve issues that overlap to some degree with this motion set for hearing on April 2.

The motion set for hearing on April 2 is brought by Maersk Warehousing & Distributions Services U.S.A. LLC (“MWDS”).

In its moving papers, MWDS represents that when Damco Distributions Services Inc. (“Damco”) was “terminated” in April 2023, Damco’s “operations were taken over by” MWDS. As support for this statement, MWDS cites a declaration from its counsel (and attaches Damco’s certificate of surrender filed with the California Secretary of State in April 2023).

In addition to any other arguments that counsel would like to present, the Court would like to hear from counsel on the following issues:

1.      When Damco appeared in this action, it stated that it is now known as MWDS. Was there a merger of Damco into MWDS? Is there any other evidence regarding MWDS being the successor-in-interest to Damco?

2.      Are Plaintiff’s claims against MWDS based solely on its status as the successor-in-interest to the liabilities of Damco?

3.      If so, then MWDS could not have been added to the complaint as a party until some time after April 2023. What is MWDS’s argument about delay in service if it was not even a proper party until a few months before it was named and served?

4.      If Plaintiff’s claims against MWDS are based solely on its status as the successor-in-interest to the liabilities of Damco, then should this action proceed only against MWDS, and not Damco?