Judge: Cherol J. Nellon, Case: 21STCV45899, Date: 2023-05-09 Tentative Ruling

Case Number: 21STCV45899    Hearing Date: May 9, 2023    Dept: 28

Defendant West Hills Hospital and Medical Center’s Motion to Continue Trial

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

BACKGROUND

On December 17, 2021, Plaintiffs Barbara Levine (“Barbara”), Scott Levine (“Scott”), Mindy Levine (“Mindy”), Matthew Levine (“Matthew”) and Ryan Levine (“Ryan”) filed this action against Defendants West Hills Hospital and Medical Center (“WH”) and Rami M. Shaarawy, M.D. (“Shaarawy”) for medical negligence – wrongful death and medical negligence – survival action.

On November 21, 2022, Plaintiffs filed the FAC, adding Defendant Jamshid Nazarian, M.D. (“Nazarian”).

On April 13, 2023, WH filed a Motion to Continue Trial to be heard on April 25, 2023. The Court advanced the hearing date to April 20, 2023.

Trial is currently scheduled for July 21, 2023.

PARTY’S REQUESTS

WH requests the Court continue trial 120 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

WH requests the Court continue trial to allow parties to attend mediation, which is scheduled for July 14, 2023. Parties have stipulated to this request. The Court grants the motion. However, the Court will only continue trial to September, as the Court’s calendar is unable to accommodate an October trial date.

CONCLUSION

Defendant West Hills Hospital and Medical Center’s Motion to Continue Trial is GRANTED. Trial is continued to September 18, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is continued to September 5, 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.