Ex Parte Application for Order Affirming Time Extension
RG21108716: Janco Industries, Inc VS Williams 07/31/2026 Hearing on Motion - Other Extension to Commence Trial in Department 25
Tentative Ruling - 07/29/2026 Jenna Whitman
The Ex Parte Application for Order Affirming Time Extension filed by JANCO INDUSTRIES, INC., a CA corporation on 07/17/2026 is Granted.
It is not clear to the court that the requested relief is in fact necessary. Other than DW Masonry, Inc., all parties have already stipulated to (and the Court has granted) the requested extension of the time to bring the matter to trial. DW Masonry, Inc. was not named as a party in this case until 5/22/2025, when Ellen Williams filed her Third Amended Complaint. The 5-year rule of CCP § 583.360 is applied to each individual action, even when several actions have been consolidated. (Gen. Motors Corp. v.
Superior Ct. of Los Angeles Cnty. (1966) 65 Cal.2d 88, 93 ["individual actions brought by plaintiffs should be treated as distinct even though they have been consolidated, and the time for bringing each action to trial should be measured from the time that particular action was filed"].) CCP § 583.360 only authorizes a defendant to move for dismissal of an action that has exceeded the five-year period. As of 8/10/2026, the only complaint on which the 5 years will have run is Janco Industries' complaint against Ellen Williams and, as noted, Williams has stipulated to the extension to commence trial to 9/8/2026.
In any event, applicant Janco Industries has demonstrated that it is ready to proceed to trial against Williams, and the only reasons that it cannot proceed on 8/10/2026 is the combined effect of the Court's orders consolidated the action for all purposes and approving the parties' stipulation and setting trial, as well as the status of discovery as to claims involving other parties (which is far from complete). In addition, in support of the orders consolidating all of the involved actions and supporting the commencement date and structure of trial, the Court previously found that the complexity of the action and the overlap of factual issues among all of the claims and cross-claims (which is pervasive, if not comprehensive), would result in significant evidentiary duplication and unreasonable/excessive expense for the parties.
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Having considered the nature of these proceedings and the difficulty and expense in severing and trying Janco's claims separately, that commencing trial before 9/8/2026 is impossible and, in that it would impose excessive and unreasonable costs upon the parties and the public, impracticable. (CCP § 583.340, subd. (c). See also Brunzell Constr. Co. v. Wagner (1970) 2 Cal.3d 545, 554- 555.) Further, no other party has opposed this motion, demonstrating to the contrary. And the only other party with standing to move to dismiss claims on 8/10/2026, Ellen Williams, affirmatively disclaims any objection to a finding that commencing trial on 8/10/2026 would be impossible and/or impracticable or to the requested relief.
The Court therefore finds that bringing the action to trial before 8/11/2026 is impossible, impracticable, and futile within the meaning of Code of Civil Procedure § 583.340(c).
If this tentative ruling is not properly contested by 9:00 a.m. on 7/30/2026, there will be no hearing on the matter and the ruling will be affirmed. RG21108716: Janco Industries, Inc VS Williams 07/31/2026 Hearing on Motion - Other Extension to Commence Trial in Department 25 HOW DO I CONTEST A TENTATIVE RULING?
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