Judge: Teresa A. Beaudet, Case: 22STCV26807, Date: 2023-11-17 Tentative Ruling
Case Number: 22STCV26807 Hearing Date: November 17, 2023 Dept: 50
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SANDRA TORRES, et al., Plaintiffs, vs. JOSE NOYOLA, et
al., Defendants. |
Case No.: |
22STCV26807 |
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Hearing Date: |
November 17, 2023 |
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Hearing Time: |
10:00 a.m. |
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TENTATIVE RULING
RE:
DEFENDANT JOSE
NOYOLA’S MOTION TO CONTINUE TRIAL AND ALL RELATED DATES |
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AND RELATED CROSS-ACTION |
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Background
On August 18, 2022, Plaintiffs Sandra Torres and Maria Duarte-Soto filed
this action against Defendant Jose Noyola (“Noyola”). The Complaint alleges
causes of action for (1) breach of contract/covenant of quiet
enjoyment/warranty of habitability, (2) tortious breach of the implied warranty
of habitability, (3) negligence, (4) private nuisance, (5) violation of unfair
business practices, (6) premises liability, (7) intentional infliction of
emotional distress, and (8) elder abuse.
On October 24, 2022, Noyola filed a Cross-Complaint against Foes 1
through 25, alleging causes of action for (1) equitable/implied indemnity, (2)
apportionment and contribution, and (3) declaratory relief.
Noyola now moves for an order “to continue the current trial date
of December 6, 2023 to March 5, 2024 or a date thereafter that is convenient
for the Court, as well as all related discovery and motion dates.” The motion
is unopposed.
Discussion
As an initial matter,
the Court notes that on October 20, 2023, Noyola filed an ex parte application for “(a) a discretionary
Order continuing the trial date, and all related discovery/trial dates and
cut-offs, based on the record provided herein, or (b) in the alternative for an
Order shortening time to hear at the earliest possible time the Motion to Continue
Trial (hereinafter ‘Motion’) that is currently filed and reserved for hearing
on November 17, 2023, in this Court, and to accordingly
continue the Trial in this case set for December 6, 2023 and the TRC in this
case set for November 17, 2023.”
On October 24, 2023, the Court
issued a minute order in this matter providing, inter alia, as follows:
“The Ex Parte
Application DEFENDANT JOSE NOYOLAS EX PARTE APPLICATION FOR AN ORDER CONTINUING
THE TRIAL DATE AND DISCOVERY/ TRIAL-RELATED DATES AND/OR, ALTERNATIVELY, FOR AN
ORDER SHORTENING TIME FOR COURT TO HEAR MOTION TO C filed by Jose Noyola on
10/20/2023 is Granted…
Pursuant to the
request of moving party, the Non-Appearance Case Review trial readiness and
exhibit binders must be lodged in Department 50 by 4:00p.m. scheduled for
11/09/2023 is continued to 09/20/24 at 04:00 PM in Department 50 at Stanley
Mosk Courthouse.
Pursuant to the
request of moving party, the Final Status Conference scheduled for 11/17/2023
is continued to 09/26/24 at 10:00 AM in Department 50 at Stanley Mosk
Courthouse.
Pursuant to the
request of moving party, the Jury Trial scheduled for 12/06/2023 is continued
to 10/16/24 at 09:30 AM in Department 50 at Stanley Mosk Courthouse.
All pre-trial
deadlines, including non-expert and expert discovery cut-off dates, law and
motion cut-off dates and other statutory deadlines shall be governed by the new
trial date…”
In light of the foregoing, Noyola’s instant motion to continue the trial
date and all related discovery and motion dates is moot.
Conclusion
Based on the foregoing, Noyola’s motion is denied as moot.
Noyola is ordered to
give notice of this ruling.
DATED:
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Hon. Rolf M.
Treu
Judge, Los
Angeles Superior Court