Judge: Lee W. Tsao, Case: 23NWCV00181, Date: 2025-04-30 Tentative Ruling

Case Number: 23NWCV00181    Hearing Date: April 30, 2025    Dept: F

Campbell v. Villa Del Rio, Inc., et al., 23NWCV00181 

This elder abuse action was filed on January 18, 2023. Trial is scheduled to begin on May 13, 2025. Defendant Villa Del Rio, Inc. (Defendant) now applies ex parte to continue trial and all expert-related discovery dates.

Defendant argues that there has been a significant change in facts or circumstances in this action creating new theories of liability against Defendant. Specifically, during Plaintiff’s deposition of Decedent’s primary care physician Dr. Samonte, Dr. Samonte revealed that Decedent was never his patient and signatures in Decedent’s chart were not his. Defendant states it needs time to take a second deposition of Dr. Samonte. The Court notes there have been two prior trial continuances in this matter.

Defendant’s ex parte application to continue trial and all expert-related discovery dates is GRANTED pursuant to California Rules of Court, rule 3.1332(c)(7) – “a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” A trial continuance between 12 to 24 weeks is reasonable. The Court orders another FSC prior to the new trial date. The Court will confer with the parties to select new trial and FSC dates. The discovery cut-off date and related deadlines will correspond with the new trial date. Moving party to give notice.