Jury Trial LC

Cal. Super. - 2nd Dist.November 23, 2015

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 10:00:00 AM JUDICIAL OFFICER PRESIDING: Matthew P. Guasco COUNTY OF VENTURA VENTURA DATE: 08/21/2019 DEPT: 20 CLERK: Miriam Hernandez REPORTER/ERM: Brenda Sanches (CSR #13019) CASE NO: 56-2015-00475447-CU-BT-VTA CASE TITLE: Comella vs Covenant Transport CASE CATEGORY: Civil - Unlimited CASE TYPE: Business Tort EVENT TYPE: Jury Trial (LC) STOLO APPEARANCES STOLO Joseph J Comella, Plaintiff is present. Joseph DiVincenzo, counsel, present for Plaintiff Comella. Ashley Dorris Egerer and Jessica Farley, counsel, present for Defendant Covenant. Shannon Lamb, counsel, present for Defendants Zaverl. Stolo 2nd Day of Trial 10:00 a.m. This being the time previously set for further jury trial in this department in the above entitled cause, having been continued from 08/08/2019, all parties are present as indicated above and court convenes. Parties indicate no settlements have been reached at this time, and therefore, the Court resumes pre-trial motions with cross-defendant Comella's motion to set aside and vacate default. The Court addresses Ms. Lamb, counsel for cross-complainants Zaverl, with respect to the issue of the proof of service to the cross-complaint filed on 07/11/2017, as well as, the cross-complaint filed on 06/23/2018, both having no mailing list attached identifying the parties served. The Court notes for the record that no additional proofs of service to the cross-complaint have been filed prior to entering the default against cross-defendant. Ms. Lamb addresses the Court as set forth on the record. The Court finds/orders: The Court GRANTS cross-defendant Comella's motion to set aside and vacate default entered by the clerk on 08/04/2017. The Court finds that the proof of service filed on 07/11/2017 was invalid, and further finds, that the default was void ab initio as having been improvidently entered. Mr. DiVincenzo for cross-defendant Comella addresses the Court as to the issue of the untimely filing of the cross-complaint, but will reserve further comments until it is determined on how cross-complainants will proceed. 10:30 a.m. Court is in recess to allow counsel to meet and confer with their parties. VEN-FNR-10.03 MINUTE ORDER DATE: 08/21/2019 Page 1 DEPT: 20 CASE TITLE: Comella vs Covenant Transport CASE NO: 56-2015-00475447-CU-BT-VTA 11:10 a.m. Court reconvenes with all parties present. Upon the request of Ms. Lamb, the Court reviews the proof of service attached to the cross-complaint filed on 6/23/2018, and as previously concluded, the Court notes that the mailing list is not attached. The Court's prior ruling stands. Ms. Lamb makes an oral motion to continue trial to allow time to serve and await response on the cross-complaint. Mr. DiVincenzo represents to the Court that he will accept service of the cross-complaint on behalf of the cross-defendant via e-mail with a PDF attachment. The Court hears comments by counsel regarding defendants' request for a motion for judgment on the pleadings as set forth on the record. The Court finds/orders: Over plaintiff's objection, the Court grants cross-complainants Zaverl's oral motion to continue trial. The Court finds good cause and balances the prejudice of each of the parties in light of the Court's ruling vacating the default entered on the cross-complaint which was not brought to the Court's attention by a noticed motion until the in limine phase of the trial. The Court vacates the jury trial at this time, and a sets a new trial date. Jury Trial (LC) (10 day) is scheduled for 01/27/2020 at 01:30 PM in Department 20. Over plaintiff's objection, the Court authorizes Covenant defendants to bring a noticed motion for judgment on the pleadings or summary judgment regarding the 8th Cause of Action of the Complaint (Unjust Enrichment). The Court finds that the Covenant defendants' motion in limine to bifurcate their defense to that Cause of Action on the ground of failure to state a claim was expressly reserved by Judge Baio's prior rulings overruling demurrers and a motion for judgment on the pleadings without prejudice to such relief being sought at or before trial. The deadline for hearing a motion for judgment on the pleadings or summary judgment/adjudication as to the 8th Cause of Action is extended to follow the new trial date. No other dates are extended. Counsel are advised to submit a stipulation and order or a noticed motion for any other deadlines that may need to be extended with the new trial date. Parties are directed to meet and confer regarding jury instructions, verdict forms, and to determine which issues will be resolved by the Court and which issues will be resolved by the jury. Parties waive notice. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 08/21/2019 Page 2 DEPT: 20