Judge: Thomas D. Long, Case: 23STCV05148, Date: 2025-02-11 Tentative Ruling

Case Number: 23STCV05148    Hearing Date: February 11, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 25, 2023, Southwest Concrete Structures Inc. filed this action against Zwick Construction Company Inc., Zurich American Insurance Company, and First Republic Bank.

On August 31, 2023, Zwick Construction Company Inc. filed a first amended cross-complaint against Southwest Concrete Structures Inc. and APPA Colorado LLC.

On December 7, 2023, the parties stipulated to a stay of all proceedings pending private mediation.

On May 24, 2024, the Court found that this case and others (including Case No. 23AHCV02988) “are related within the meaning of California Rules of Court, Rule 3.300(a).”  The Court also stated its intention “to enter a Case Management Order to address discovery issues and determine orders of Trial, consolidation, and any other additional related cases.”  The Court did not lift the stipulated stay.

On July 25, 2024, non-party Darin Zwick filed (in this case) a demurrer to APPA’s First Amended Cross-Complaint “in the related action entitled Zwick Construction Company v APPA Colorado, LLC, et al. – APPA Colorado, LLC v Zwick Construction Company, Darin Zwick, et al., Los Angeles Superior Court Case No. 23AHCV02988.”

On November 22, 2024, the Court entered the proposed Case Management Order in this case.  The Case Management Order governed mediation, amendment of pleadings, discovery, and deadline.

The Court has not entered any order consolidating the related cases or authorizing motions to be filed under an alternative case number.  Non-party Darin Zwick’s July 25, 2024 demurrer to Case No. 23AHCV02988 was improperly filed in this case.  There is no pending demurrer to any of the pleadings in this case.

Accordingly, the Hearing on Demurrer is TAKEN OFF CALENDAR.

In Case No. 23AHCV02988, a Hearing on Demurrer is scheduled for April 15, 2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  The parties are ordered to immediately re-file their same demurrer documents (motion, opposition, and reply) in that case.

Clerk to give notice to all parties in this case and in Case No. 23AHCV02988.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 11th day of February 2025