Judge: Teresa A. Beaudet, Case: 22STCV00778, Date: 2023-05-15 Tentative Ruling

Case Number: 22STCV00778    Hearing Date: May 15, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff 11640 Woodbridge Condominium Homeowners’ Association (“Woodbridge”) filed this action on January 7, 2022 against Defendants Farmers Insurance Exchange and Local Roofer LLC. The Complaint asserts causes of action for (1) breach of the contractual duty to pay a covered insurance claim, (2) breach of the implied covenant of good faith and fair dealing, and (3) negligence.

On April 20, 2022, Nelson Bardales dba Local Roofer (“Bardales”) filed a Cross-Complaint against Roes 1 through 50. The Cross-Complaint asserts causes of action for (1) equitable indemnity, (2) comparative contribution, (3) comparative fault, and (4) declaratory relief.

On March 15, 2023, the Court issued a minute order in this matter indicating, inter alia, that “[t]he Court orders the following cases, 22STCV00778, 22STCV34287, and 22BBCV00612, consolidated and assigned to Department 50 in Stanley Mosk Courthouse for all purposes. The Court designates 22STCV00778 as the lead case. All future documents must be filed under 22STCV00778 (11640 WOODBRIDGE CONDOMINIUM HOMEOWNERS’ ASSOCIATION vs FARMERS INSURANCE EXCHANGE, et al.). Case numbers on all subsequent filings should be reflected under the lead case.”

In Case No. 22STCV34287, Plaintiff The Standard Fire Insurance Company, as subrogee of Peter D’Alessandro and Alison Flierl (“Standard Fire”) filed a Complaint in Subrogation on October 25, 2022 against Bardales. The Complaint alleges one cause of action for negligence.  

In Case No. 2BBCV00612, Plaintiff Farmers Direct Property and Casualty Insurance Company filed a Complaint for Negligence on August 24, 2022 against Defendants Local Roofer LLC and Nelson Bardelas dba Local Roofer. The Complaint asserts one cause of action for negligence and gross negligence. In addition, in Case No. 2BBCV00612, Bardales filed a Cross-Complaint on January 6, 2023 against Roes 1-100, asserting eleven causes of action.

Standard Fire now moves for an order to continue the trial date currently scheduled for June 28, 2023 to January 28, 2024 or to a date thereafter, and to continue all motion, discovery, and expert deadlines, to be calculated from the new trial date. Farmers Insurance Exchange and Farmers Direct Property and Casualty Insurance Company join in the motion. No opposition to the motion was filed.

            Discussion

“¿The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.¿” (¿Cal. Rules of Court, rule 3.1332, subd¿. (c).) “¿In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination.¿” (¿Cal. Rules of Court, rule 3.1332, subd¿. (d).)  

Standard Fire asserts that good cause exists here to continue the trial date. 

As set forth above, on March 15, 2023, the Court issued a minute order in this matter indicating, inter alia, that “[t]he Court orders the following cases, 22STCV00778, 22STCV34287, and 22BBCV00612, consolidated…” Standard Fire’s counsel states that Bardales’s deposition was already taken in Case No. 22STCV00778, and that Standard Fire “has not reviewed said transcript of [Bardales], nor has [Standard Fire] had the opportunity to review and evaluate any prior pleadings or discovery in these related matters.” (Bouché Decl., ¶¶ 13, 14.)

            In addition, Standard Fire notes that in Case No. 22STCV34287, Bardales filed an answer to Standard Fire’s Complaint on February 10, 2023. Standard Fire’s counsel indicates that Standard Fire “has just commenced discovery in this matter and have [sic] made diligent efforts since [Bardales’s] initial appearance in February of 2023, however [Standard Fire] will not be able to conduct all necessary discovery to properly prosecute this matter, as well as conduct possible mediation in time for the current scheduled trial date of June 28, 2023.” (Bouché Decl., ¶ 15.) Standard Fire asserts that “[a] trial continuance is needed to allow [Standard Fire] additional time to complete discovery and take the deposition of [Bardales] as well as any related witnesses and to retain appropriate experts in its prosecution of this matter.” (Bouché Decl., ¶ 18.) In addition, Standard Fire asserts that the facts and circumstances in this case support a trial continuance under ¿California Rules of Court, rule 3.1332, subdivision (d)¿. (See Mot. at p. 7:16-28.)

Lastly, in support of its joinder, Farmers Insurance Exchange submitted the Declaration of its counsel, Gail S. Cooper. Ms. Cooper states, inter alia, that “additional time for discovery is needed due to [Woodbridge’s] failure to be forthcoming in discovery.” (Cooper Decl., ¶ 2.) Farmers Insurance Exchange is “in the process of propounding additional discovery, including issuing subpoenas to third parties, to obtain the information and documents which are necessary to evaluate damages and prepare for trial.” (Ibid.) Farmers Insurance Exchange asserts that a trial continuance is needed to afford sufficient time to complete the discovery. (Ibid.)

Based on the foregoing, and in light of the lack of any opposition, the Court finds that Standard Fire has demonstrated good cause for a trial continuance. 

Conclusion 

Based on the foregoing, Standard Fire’s motion is granted. 

The Court continues the final status conference to January 18, 2024, at 2 p.m., in Dept. 50 and trial to January 31, 2024, at 9:30 a.m., in Dept. 50. The trial readiness and exhibit binders must be lodged in Dept. 50 by 4 p.m. on January 11, 2024.

All discovery deadlines are continued based on the new trial date.  

Standard Fire is ordered to give notice of this ruling.  

DATED:  May 15, 2023                                                        

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court