Judge: Daniel M. Crowley, Case: 19STCV34964, Date: 2022-08-26 Tentative Ruling

Case Number: 19STCV34964    Hearing Date: August 26, 2022    Dept: 28

Plaintiff Michele Vedon’s Motion to Continue Trial

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

BACKGROUND

On October 1, 2019, Plaintiff Michele Vedon (“Plaintiff”) filed this action against Defendants Long Beach Memorial Medical Center (“LBMMC”), Memorialcare Medical Foundation (“MMF”), Memorialcare Health System (“MHS”), Ali Gholamrezanezhad, M.D. (“Gholamrezanezhad”) and Memorialcare Medical Group (“MMG”) for medical negligence.

On January 29, 2020, Plaintiff filed the FAC.

On February 28, 2020, Gholamrezanezhad and MMG filed an answer. On May 5, 2021, the Court dismissed Gholamrezanezhad and MMG, with prejudice, pursuant to Plaintiff’s request.

On July 17, 2020, LBMMC, MHS and MMF filed an answer.

On July 27, 2022, Plaintiff filed a Motion to Continue Trial to be heard on September 7, 2022.

Trial is currently scheduled for September 30, 2022.

PARTY’S REQUESTS

Plaintiff requests the Court continue the trial to September of 2023, and to have all associated deadlines trail the new trial date.

Defendants have consented to this continuance.

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

The Court finds there is good cause to grant a continuance. Plaintiff was recently diagnosed with lung cancer and has undergone emergency surgery to remove the tumor. She is currently undergoing immunotherapy throughout the middle of next year. Because of this, Plaintiff is unable to participate in the litigation. Defendants join in the motion as the pandemic has made making hospital personnel available for discovery difficult. Based on the above, the Court grants the motion.

CONCLUSION

Plaintiff Michele Vedon’s Motion to Continue Trial is GRANTED. Trial is continued to September 27, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is September 13, 2023, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. All dates or deadlines are continued to trail the new trial.

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.