Judge: Audra Mori, Case: 19STCV20969, Date: 2022-09-26 Tentative Ruling

Case Number: 19STCV20969    Hearing Date: September 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Nancy Reyes (“Plaintiff”) filed this action against Defendant Richard J. Feldman, M.D. (“Defendant”), erroneously named Dr. Richard Feldman, for medical malpractice arising out of Defendant’s orthopedic care and treatment of Plaintiff.  Trial is currently set for October 14, 2022.

Plaintiff now moves to continue the current trial date.  Plaintiff filed her motion on August 24, 2022, and initially set the matter for hearing on September 7, 2022, which was only nine court days before the hearing.  Given that Defendant objected to the short notice, and the fact that it is improper and a violation of CCP § 1005 for Plaintiff to unilaterally file a motion on shortened noticed after an ex parte requesting the same relief was denied, the motion was continued to September 26, 2022, to allow Defendant to file a supplemental opposition to fully address the merits of the motion.  (Min. Order Sept. 7, 2022.)  Plaintiff was ordered to give notice of the ruling.  (Ibid.) 

As of September 21, 2022, Plaintiff has not filed any such notice with proof of service on Defendant with the Court.  The Court wishes to ensure Defendant has proper notice of this matter prior to the hearing.  Therefore, the Court will again continue the hearing. 

The hearing on the motion is continued to the time of the Final Status Conference on September 30, 2022, at 10:00 a.m. in Department 31 of the Spring Street Courthouse.  Plaintiff must provide notice of this to Defendant and file proof of service of notice of the continued hearing date.  Defendant may file a supplemental opposition before the continued hearing date or make argument at the hearing. 

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 26^th day of September 2022