Southern Calif. Fleet Services v. Superior Court CA4/2

California Court of Appeal Mar 2, 2016 No. E065134Unpublished

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Holding. The court held that the trial court abused its discretion by denying a motion for a continuance of a Code of Civil Procedure section 877.6 hearing before resolving pending discovery disputes.

Issues

Whether the trial court abused its discretion in denying a motion to continue a good faith settlement hearing pending the resolution of discovery disputes.

Disposition. granted

Quotations verified verbatim against the opinion

“the trial court cannot reasonably decide real parties in interests’ motions under Code of Civil Procedure section 877.6 until it decides whether or not petitioner is entitled to the additional discovery it demands.”

“directing the superior court to vacate its order denying petitioner’s motion for a continuance, and to postpone the hearing on real parties in interests’ motions under Code of Civil Procedure section 877.6 until the discovery issues have been finally resolved”

Filed 3/2/16 Southern Calif. Fleet Services v. Superior Court CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

SOUTHERN CALIFORNIA FLEET SERVICES, INC., E065134 Petitioner, (Super.Ct.No. CIVDS1305106) v. OPINION THE SUPERIOR COURT OF SAN BERNARDINO COUNTY,

Respondent;

STABILUS, INC. et al.,

Real Parties in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate. John M. Pacheco,

Judge. Petition is granted.

Manning & Kass, Ellrod, Ramirez, Trester, and Steve Pyun for Petitioner.

No appearance for Respondent.

Marshall & French, and Susan K. Andersen for Real Party in Interest, Stabilus,

Inc.

Sedgwick, Philip R. Cosgrove, Hall R. Marston, and Ryan E. Cosgrove for Real

Party in Interest, Blue Bird Body Company.

Wilson Elser Moskowitz Edelman & Dicker, and Gregory K. Lee for Real Party in

Interest, A-Z Bus Sales, Inc.

In this matter we have reviewed the petition and the opposition filed by real parties

in interest. We have determined that resolution of the matter involves the application of

settled principles of law, and that issuance of a peremptory writ in the first instance is

Southern Calif. Fleet Services v. Superior Court CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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