Defendants Livanova Deutschland, GMBH and Livanova Holding USA, Inc.’s Motion to Continue Trial 

Having considered the moving papers, the Court rules as follows.   

 

BACKGROUND 

On May 13, 2021, Plaintiffs Estate of Manuel Marroquin (“Estate”), Miriam Marroquin (“Miriam”) and Belveth Marroquin (“Belveth”) filed this action against Defendants Livanova Deutschland, GMBH (“LD”), Livanova Holding USA, Inc. (“LH”), Kaiser Foundation Health Plan, Inc. (“KFHP”), Kaiser Foundation Hospitals (“KFH”), Southern California Permanent Medical Group, Inc. (“SCPMG”) and Helda Priscila Marroquin Molina (“Molina”) for strict products liability – design defect, strict products liability – manufacturing defect, strict products liability – failure to warn, negligence – products liability, medical negligence and survival action. 

On July 21, 2021, LD and LH field an answer. On July 26, 2022, the Court dismissed KFHP, KFH and SCPMG were dismissed, with prejudice, pursuant to Plaintiff’s request.  

On March 14, 2023, LD and LH (“Moving Defendants”) filed a Motion to Continue Trial to be heard on April 10, 2023. On March 21, 2023, Plaintiffs filed a notice of non-opposition. 

Trial is currently scheduled for June 28, 2023. 

 

PARTY’S REQUESTS 

Moving Defendants request the Court continue trial 90 days. 

 

LEGAL STANDARD 

CRC rule 3.1332(b) outlines that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” 

Under CRC 3.1332(c), The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include “a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served. CRC 3.1332(d). 

 

DISCUSSION 

Moving Defendants request the Court grant a short continuance to allow Moving Defendants to complete discovery prior to trial. Moving Defendants are still awaiting production of records from third-party medical providers and are in the process of scheduling the deposition of Decedent’s treatment providers. Parties are also currently attempting to schedule a mediation prior to trial.  

Plaintiffs have consented to the continuance, indicating there will be no prejudice to any party should the matter be continued. The Court grants the motion. 

 

CONCLUSION 

Defendants Livanova Deutschland, GMBH and Livanova Holding USA, Inc.’s Motion to Continue Trial is GRANTED. Trial is continued to October 4, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 20, 2023, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All discovery and related dates are set to trail the new trial date. 

Moving party is ordered to give notice of this ruling. 

Moving Party is ordered to file the proof of service of this ruling with the Court within five days. 

The parties are directed to the header of this tentative ruling for further instructions.