Judge Lee W. Tsao, Case Number: 24NWCV01399, Date: 2024-09-26 Tentative Ruling

Judge: Lee W. Tsao, Case: 24NWCV01399, Date: 2024-09-26 Tentative Ruling

Case Number: 24NWCV01399 Hearing Date: September 26, 2024 Dept: C

This is a civil rights action. Defendant Lakewood Regional Medical Center, Inc. moves ex parte for an order advancing the hearing date on its’ Demurrer or in the alternative a temporary stay on discovery.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. R. Ct. 3.1202(c).)

“The Court may stay or phase discovery in the interest of justice.” (CCP § 2017.020 and § 2019.020(b).) However, the party seeking the protective order to stay discovery has the burden of showing good cause for the order sought. (Fairmonrt Ins. Co. v. Superior Court (2000) 22 Cal.4^th 245, 255.)

Here, Defendant contends that the if the Court does not advance the Demurrer, it will be harmed by having to produce discovery. Plaintiff opposes the stay in discovery, but agrees to advancing the Demurrer.

Accordingly, Defendant Lakewood Regional Medical Center, Inc’s ex parte is GRANTED. Defendant Lakewood is ADVANCED from Thursday, March 6, 2025 to this date and CONTINUED to February 20, 2025 in Department SE-C at 10:30 a.m.