Judge: Lee W. Tsao, Case: 24NWCV01375, Date: 2025-02-20 Tentative Ruling

Case Number: 24NWCV01375    Hearing Date: February 20, 2025    Dept: F

Valdez v. Walmart Inc. 24NWCV01375

This premises liability action was filed on May 1, 2024. The Final Status Conference is scheduled for March 4, 2025. Trial is scheduled to begin on March 11, 2025. 

Defendant moves to continue trial and all related dates, or in the alternative for an order shortening the notice requirements for an independent medical examination because Defense Counsel was first notified that Plaintiff received a recommendation for a future surgery on January 30, 2025. Defendant argues that it "does not have enough time to properly evaluate Plaintiff's surgical recommendation. Defendant did not believe that an IME was necessary earlier in this case based off of the conservative treatment that Plaintiff received in all the records that were produced throughout discovery, but Plaintiff's newest surgical recommendation completely changes the status of this case." (Ex Parte 4:15-18.) 

In Opposition, Plaintiff argues that Plaintiff responded to discovery on July 7, 2024, which listed complaints of lower back and neck pain and that Defendants' ex parte application is a "last-ditch attempt to cure its mistake of failing to notice a Defense Medical Examination ('DME') and Retain Experts. Defendant was aware of Plaintiffs on going medical issues, lumbar spine pain and treatment, and still failed to notice a DME, but now, it unreasonably and unjustifiably claims, a DME is required based on future injection and surgery recommendations." (Opp. ii par. 2-3.) 

Defendant's Ex Parte Application to Continue Trial is GRANTED pursuant to CRC 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 60 day continuance of the trial date is reasonable. The Court will confer with the parties to select a new trial date. The Alternative Request for an Order Shortening the Notice Requirements for an Independent Medical Examination is DENIED without prejudice. Discovery remains closed. 

“[A]ny party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (CCP §2024.020(a).) The discovery cutoff date in this action closed on or about February 10, 2025. At this time, there is no Motion to Compel Plaintiff's IME or other discovery motions scheduled to be heard.  Also, no motion to reopen discovery has been filed. Any request to reopen discovery must be filed and served as a separately noticed motion, and must be accompanied by a meet and confer declaration under Section 2016.040. The contents of a motion to reopen discovery must comply with CCP §2024.050. 

Moving Party to give notice.