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Alan Krebs et al v Serious Energy Inc et al

Case Number

20CV03288

Case Type

Civil Law & Motion

Hearing Date / Time

Wed, 11/13/2024 - 10:00

Nature of Proceedings

Motion to set this case on the Case Management Conference Calendar [“CMC”].

Tentative Ruling

Plaintiffs: James Devine

Defendant Chatsworth Area Building Materials: David Shimkin

Defendant Scott Morgan: Phillip Chan

Defendants PABCO Building Products, Pacific Coast Companies: Daniel Yanagihara, Carlos Poza

Defendant Serious Energy: Brian Dunn

Cross Complainant Chatsworth Area Building Materials: Ronald Bevins

Cross Complainant PABCO: Daniel Yanagihara, Carlos Poza

Cross Defendants PABCO Building Products, Pacific Coast Companies: Daniel Yanagihara, Carlos Poza

Cross Defendant Serious Energy: Brian Dunn

RULING

The Motion is GRANTED. The case is set on the December 4, 2024, CMC Calendar at 8:30am at which time the Court will set a hearing date for Defendants/Cross-Complainants pending motion for summary judgment, or in the alternative, summary adjudication (the “Motion”). Counsel to meet and confer and advise the Court in their CMCSs what date would be recommended. If counsel cannot agree on a date each side to provide what date, they want and why the date suggested by the other side is objectionable. Since there is no MSC date or Trial date now set, counsel is invited to suggest those dates at the same time in their CMDSs so the Court can make those orders in the event the Motion is denied.   

Analysis

This is a Motion by Plaintiffs’ counsel to set a Case Management Conference (CMC). There has been no action on this case since 2022. The action had been stayed because of the medical condition of one of the Plaintiffs, but her condition has improved to a point that she can now actively participate in the matter, and her attorney has moved to have a CMC set in the case. It is unopposed.

Plaintiffs would like to restore this matter to the active trial calendar and set a hearing date on the Defendants/Cross-Complainants pending motion for summary judgment, or in the alternative, summary adjudication (the “Motion”).

On August 30, 2024, counsel for Plaintiffs, the PABCO Defendants, and Cross-Defendant SERIOUS ENERGY, INC. (“Serious”) held a conference call to discuss restoring this matter to the active trial calendar and set a hearing date on the Motion. On September 13, 2024, counsel for Plaintiffs prepared a proposed stipulation and order setting a case management conference in this matter and sent the proposed stipulation and order to counsel for the PABCO Defendants and Serious via email for their review and consideration.

Counsel for the PABCO Defendants and Serious have not responded to counsel for Plaintiffs regarding the proposed stipulation and order.

Plaintiffs request the Court issue an order scheduling a case management conference in this matter at which the Court will set a hearing date on the Motion.

The Court’s Conclusion

The request is reasonable, and the CMC date should be set.

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