This case was last updated from Los Angeles County Superior Courts on 02/06/2020 at 09:57:15 (UTC).

ALLIANCE OF SCHOOLS FOR COOPERATIVE INSURANCE PROGRAMS, A CALIFORNIA JOINT POWERS AUTHORITY, AS SUBROGEE OF THE SOUTH PASADENA UNIFIED SCHOOL DISTRICT VS WESTERN ALTA CONSTRUCTION, INC., A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 04/30/2019 ALLIANCE OF SCHOOLS FOR COOPERATIVE INSURANCE PROGRAMS, A CALIFORNIA JOINT POWERS AUTHORITY, AS SUBROGEE OF THE SOUTH PASADENA UNIFIED SCHOOL DISTRICT filed a Contract - Other Contract lawsuit against WESTERN ALTA CONSTRUCTION, INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Glendale Courthouse located in Los Angeles, California. The Judge overseeing this case is CURTIS A. KIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0539

  • Filing Date:

    04/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CURTIS A. KIN

 

Party Details

Plaintiff

ALLIANCE OF SCHOOLS FOR COOPERATIVE INSURANCE PROGRAMS A CALIFORNIA JOINT POWERS AUTHORITY AS SUBROGEE OF THE SOUTH PASADENA UNIFIED SCHOOL DISTRICT

Defendants

WESTERN ALTA CONSTRUCTION INC. A CALIFORNIA CORPORATION

VANIR CONSTRUCTION MANAGEMENT INC. A CALIFORNIA CORPORATION

PSWC GROUP A BUSINESS ENTITY OF UNKNOWN FORM

STEPHEN PAYTE DSA INSPECTORS INC. A CALIFORNIA CORPORATION

RMA GROUP OF NORTHERN CALIFORNIA INC. A CALIFORNIA CORPORATION

INLAND BUILDING CONSTRUCTION COMPANIES INC. A CALIFORNIA CORPORATION

T & T CONTRACTORS INC. AN OREGON CORPORATION

J.K.B. CORPORATION A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

SALITRERO HECTOR EMILIO

Defendant Attorneys

GUCCIONE LAUREN

FAIRCLOTH MICHAEL S

 

Court Documents

Case Management Statement

1/7/2020: Case Management Statement

Motion for Leave to Amend - MOTION FOR LEAVE TO AMEND TO FILE FIRST AMENDED COMPLAINT; DECLARATION IN SUPPORT THEREOF; (PROPOSED FIRST AMENDED COMPLAINT)

1/14/2020: Motion for Leave to Amend - MOTION FOR LEAVE TO AMEND TO FILE FIRST AMENDED COMPLAINT; DECLARATION IN SUPPORT THEREOF; (PROPOSED FIRST AMENDED COMPLAINT)

Case Management Statement

1/14/2020: Case Management Statement

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

1/22/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

9/30/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

Case Management Statement

9/27/2019: Case Management Statement

Notice of Posting of Jury Fees

9/13/2019: Notice of Posting of Jury Fees

Case Management Statement

9/13/2019: Case Management Statement

Notice - NOTICE OF CONTINUANCE OF VANIR CONSTRUCTION MANAGEMENT, INC.'S DEMURRER TO PLAINTIFF'S COMPLAINT

9/4/2019: Notice - NOTICE OF CONTINUANCE OF VANIR CONSTRUCTION MANAGEMENT, INC.'S DEMURRER TO PLAINTIFF'S COMPLAINT

Answer

9/11/2019: Answer

Declaration - DECLARATION OF LAUREN GUCCIONE IN SUPPORT OF DEMURRER TO PLAINTIFF'S COMPLAINT

8/7/2019: Declaration - DECLARATION OF LAUREN GUCCIONE IN SUPPORT OF DEMURRER TO PLAINTIFF'S COMPLAINT

Demurrer - without Motion to Strike

8/7/2019: Demurrer - without Motion to Strike

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE)

7/15/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE)

Civil Case Cover Sheet

4/30/2019: Civil Case Cover Sheet

Complaint

4/30/2019: Complaint

Summons - SUMMONS ON COMPLAINT

4/30/2019: Summons - SUMMONS ON COMPLAINT

Notice of Case Assignment - Unlimited Civil Case

4/30/2019: Notice of Case Assignment - Unlimited Civil Case

Notice of Case Management Conference

5/1/2019: Notice of Case Management Conference

7 More Documents Available

 

Docket Entries

  • 04/07/2020
  • Hearing04/07/2020 at 08:30 AM in Department E at 600 East Broadway, Glendale, CA 91206; Case Management Conference

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  • 04/07/2020
  • Hearing04/07/2020 at 08:30 AM in Department E at 600 East Broadway, Glendale, CA 91206; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/22/2020
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Case Management Conference - Held - Continued

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  • 01/22/2020
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held - Continued

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  • 01/22/2020
  • DocketMinute Order ( (Case Management Conference; Order to Show Cause Re: Failure t...)); Filed by Clerk

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  • 01/14/2020
  • DocketMotion for Leave to Amend (TO FILE FIRST AMENDED COMPLAINT; DECLARATION IN SUPPORT THEREOF; (Proposed First Amended Complaint)); Filed by Alliance of Schools for Cooperative Insurance Programs, a California Joint Powers Authority, as subrogee of the South Pasadena Unified School District (Plaintiff)

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  • 01/14/2020
  • DocketCase Management Statement; Filed by Alliance of Schools for Cooperative Insurance Programs, a California Joint Powers Authority, as subrogee of the South Pasadena Unified School District (Plaintiff)

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  • 01/07/2020
  • DocketCase Management Statement; Filed by Inland Building Construction Companies, Inc., a California corporation (Defendant)

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  • 10/04/2019
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Taken Off Calendar by Party

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  • 09/30/2019
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Case Management Conference - Held - Continued

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8 More Docket Entries
  • 08/07/2019
  • DocketDeclaration (OF LAUREN GUCCIONE IN SUPPORT OF DEMURRER TO PLAINTIFF'S COMPLAINT); Filed by Vanir Construction Management, Inc., a California corporation (Defendant)

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  • 08/07/2019
  • DocketDemurrer - without Motion to Strike; Filed by Vanir Construction Management, Inc., a California corporation (Defendant)

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  • 07/15/2019
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held - Continued

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  • 07/15/2019
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service)); Filed by Clerk

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  • 05/01/2019
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 05/01/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/30/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 04/30/2019
  • DocketSummons (on Complaint); Filed by Alliance of Schools for Cooperative Insurance Programs, a California Joint Powers Authority, as subrogee of the South Pasadena Unified School District (Plaintiff)

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  • 04/30/2019
  • DocketCivil Case Cover Sheet; Filed by Alliance of Schools for Cooperative Insurance Programs, a California Joint Powers Authority, as subrogee of the South Pasadena Unified School District (Plaintiff)

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  • 04/30/2019
  • DocketComplaint; Filed by Alliance of Schools for Cooperative Insurance Programs, a California Joint Powers Authority, as subrogee of the South Pasadena Unified School District (Plaintiff)

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Tentative Rulings

b'

Case Number: 19GDCV00539 Hearing Date: July 8, 2021 Dept: E

The Ex Parte Application of Plaintiff,\r\nAlliance for Schools for Cooperative Insurance Programs, is DENIED. \r\nPlaintiff makes no competent showing of any efforts to locate, much less\r\nattempt to serve, the listed Agent for service of process for Defendant,\r\nWestern Alta Construction, Inc., per

\r\n\r\n

CA Corporations Code, sec’s. 1702(a), 2111(a). CA\r\nCorporations Code, sec. 2011(b), may also apply. Moving part, Plaintiff,\r\nto give Notice.

'

Case Number: 19GDCV00539    Hearing Date: April 16, 2021    Dept: E

DEMURRER

[CCP §430.10 et. seq.]

Date: 4/16/21 (10:00 AM)

Case: Alliance of Schools for Coop. Ins. Prog. v. Western Alta Constr., et al. (19GDCV00539)

TENTATIVE RULING:

Defendant T & T Contractors, Inc.’s Demurrer to Second Amended Complaint is OVERRULED.

Defendant T & T Contractors, Inc. (“T&T”) contends that the second cause of action for Negligence – Negligent Construction and Defective Workmanship, which is the only cause of action asserted against T&T, is time-barred under the statute of limitations set forth in CCP §§ 337.1 and 338.

The Court finds that, as a matter of pleading, the four-year statute of limitations for patent deficiencies set forth in CCP § 337.1 does not foreclose plaintiff’s claim. “The test used to determine whether a deficiency is patent is objective,” but “[w]hether a defect is apparent by reasonable inspection is a question of fact.” (Winston Square Homeowner's Assn. v. Centex West, Inc. (1989) 213 Cal.App.3d 282, 290.) “[I]f a reasonable inspection would reveal only the manifestation of a defect but not its cause, i.e., the defect itself, then the defect is not necessarily patent.” (Geertz v. Ausonio (1992) 4 Cal.App.4th 1363, 1368.)

Here, the alleged defect is the concrete slab underneath the subject wooden gymnasium floor, which absorbed excess moisture due to the casting of the slab over a layer of sand. (SAC ¶ 29(g-j).) The cupping of the wood flooring may be a manifestation of the excess moisture in the concrete slab, but the cupping is not the defect itself. Plaintiff Alliance of Schools for Cooperative Insurance Programs sufficiently alleges that the cupping of the wood flooring within the first two years of installation did not indicate a defect in the concrete slab upon reasonable inspection because it was not a trip hazard. (SAC ¶ 29(a).) Whether the damage to the concrete slab was a defect reasonably apparent from the cupping of the wood flooring above the slab cannot be determined as a matter of law at the pleading stage and must instead be litigated at summary judgment and/or trial.

Accordingly, for pleading purposes, plaintiff sufficiently alleges that the concrete slab is a latent deficiency, not a patent deficiency. (CCP § 337.15(b) [latent deficiency is “a deficiency which is not apparent by reasonable inspection”].)

In the alternative, T&T argues that, even if the alleged defect was latent, the South Pasadena Unified School District (“District”), plaintiff’s subrogor, allegedly discovered such deficiency in the gymnasium floor in 2015 “when the water damage on the gymnasium floor became slightly noticeable.” (SAC ¶ 47.) Thus, according to T&T, the second cause of action is still time-barred under the three-year statute of limitations based on the date of discovery set forth in CCP § 338(b). Plaintiff, however, alleges the District did not discover the defect in the concrete slab – the cause of the damage to the floor – until after March 12, 2017 when damage from a rainstorm gave the District cause to investigate the entire gymnasium floor and thereafter discover the excess moisture in the concrete slab. (SAC ¶¶ 24-27.) As a matter of pleading, the second cause of action was timely asserted against T&T on April 30, 2019, within three years of the alleged discovery of the defect. Whether the District knew or should have known of the defect at issue in 2015 or earlier, thereby starting the running of three-year limitations period (see Angeles Chemical Co. v. Spencer & Jones (1996) 44 Cal.App.4th 112, 119), must instead be litigated at summary judgment and/or trial.

The demurrer is OVERRULED.

Ten (10) days to answer.

Case Number: 19GDCV00539    Hearing Date: June 23, 2020    Dept: E

MOTIONS TO COMPEL PLAINTIFF’S INITIAL RESPONSES TO: (1) REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; AND (2) FORM INTERROGATORIES, SET ONE

Date: 6/23/20 (2:00 PM)

Case: Alliance of Schools for Cooperative Insurance v. Western Alta Construction, Inc.

(19GDCV00539)

TENTATIVE RULING:

Defendant Inland Building Construction Companies, Inc.’s Motions to Compel Plaintiff Alliance of Schools for Cooperative Insurance Programs’ Responses to (1) Request for Production of Documents, Set One and (2) Form Interrogatories – Construction Litigation, Set One are GRANTED.

The discovery requests were served on plaintiff by mail on 9/23/19. (Faircloth Decls. ¶ 1 & Ex. A.) The deadline to serve responses to the discovery was 10/28/19. (CCP §§ 2030.260(a), 2031.260(a) [discovery responses due 30 days after service]; 1013(a) [five calendar days added for mailing).) Before the motions were filed, plaintiff did not respond. (Faircloth Decls. ¶ 2 & Ex. B.)

In opposition to the motion, plaintiff represents that the discovery requests and meet and confer letter were served by mail at the wrong address because plaintiff’s counsel did not file and serve a Notice of Change of Address until 3/6/20. (Salitrero Decl. ¶¶ 1-3.) Counsel for plaintiff further states in his 3/16/20 declaration submitted in support of plaintiff’s opposition to the motions that “counsel will issue the discovery responses concurrently with this response and will supplement the discovery upon the receipt of the [requested] contracts.” (Salitrero Decl. ¶ 7.)

Because there is no showing before this Court that plaintiff has, in fact, served responses to the subject discovery requests, the motions are GRANTED. Within ten (10) days hereof, plaintiff Alliance of Schools for Cooperative Insurance Programs shall serve written, verified responses to defendant Inland Building Construction Companies, Inc.’s (1) Form Interrogatories – Construction Litigation, Set One and (2) Request for Production of Documents, Set One, including documents responsive to such request.

Defendant’s requests for sanctions are DENIED because defendant did not state against whom it sought sanctions in the notices of motion, as required by CCP § 2023.040.

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