Health Industries of America, Inc. v. Los Angeles County Metropolitan Transportation Authority

Appellants are the owners of parcels of real property in and around Hollywood. Respondents are Los Angeles County Metropolitan Transportation Authority, Shea-Kiewit-Kenney, J.V. and J.F. Shea Company, Inc. Appellants appeal Commissioner Bruce Mitchell’s order dismissing the action for failure to bring the case to trial within five years. Because we determine that retired Judge Johnson, in a proper exercise of his jurisdiction, extended the five-year statute, we reverse.

Facts

This action arose out of the construction of the Metro Rail Red Line subway tunnels and stations in Hollywood. The original complaint, filed on April 28, 1995, named over 600 plaintiffs who were owners of property along the route of the Metro Rail Red Line. The complaint named as defendants a number of entities, including respondents, who were involved, in one capacity or another, in the construction of the Metro Rail Red Line subway tunnels and stations.

The fourth amended complaint, which is the operative pleading, contains causes of action for inverse condemnation, private nuisance, trespass, negligence, dangerous condition of public property, liability for acts of independent contractors under…