Motion: Order Vacating the MSC and Trial Dates. Moving Party Defendants MSS Properties Special Purpose II, LLC and Americare Ambulance, LLC. Responding Party Plaintiff Plaza Pointe Owners Assn.
Ruling: The motion of defendants MSS Properties Special Purpose II, LLC, and Americare Ambulance, LLC, for an order vacating the trial and MSC dates is granted.
Defendants move to vacate the trial and MSC dates, which are currently set for 10-3-16 and 9-22-16, respectively. These trial dates were recently continued by the Court from dates in 8-16. The August dates were set by the Court in 1-16 at an OSC that was set after the parties reported to the Court on 10-26-15 that the matter “did not settle at arbitration.”
Defendants contend that, because the parties entered into a stipulation for binding arbitration, the Court does not have jurisdiction to set a trial date or make orders in response to a complaint about a delay in arbitration, citing Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.A