Judge: Lynette Gridiron Winston, Case: 24PSCV02518, Date: 2024-10-14 Tentative Ruling

Case Number: 24PSCV02518    Hearing Date: October 14, 2024    Dept: 6

CASE NAME:  Armen Sarafian v. Pomona Community Health Center, et al. 

Defendants Pomona Community Health Center dba Parktree Community Health and Ranjit Theofile Shenoy, M.D.’s Motion to Stay Proceedings, or in the Alternative, Extension to File Responsive Pleading 

TENTATIVE RULING 

The Court DENIES the motion of Defendants Pomona Community Health Center dba Parktree Community Health and Ranjit Theofile Shenoy, M.D. to stay proceedings, or in the alternative, extension to file responsive pleading, without prejudice. 

              Defendants are ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a medical malpractice action. On August 5, 2024, plaintiff Armen Sarafian (Plaintiff) filed this action against defendants Pomona Community Health Center dba Parktree Community Health[1] (Hospital), Ranjit Theofile Shenoy, M.D. (Doctor) (collectively, Defendants) and Does 1 through 50, alleging causes of action for medical malpractice and intentional infliction of emotional distress. 

On September 13, 2024, Defendants moved to stay this action. The motion is unopposed. 

LEGAL STANDARD 

A party can ask the court to stay an action or proceeding based on the court's inherent power to stay in the interest of justice and to promote judicial efficiency. (See Cal. Const., art. VI, § 1; Code Civ. Proc., § 128; Adams v. Paul (1995) 11 Cal.4th 583, 593; Smith v. Jones (1900) 128 Cal. 14, 15; Koch-Ash v. Superior Ct. (1986) 180 Cal.App.3d 689, 696; see also Walker v. Superior Ct. (1991) 53 Cal.3d 257, 266-267.)  

DISCUSSION 

The Court notes that Defendants’ motion was electronically served on Plaintiff, who is a self-represented litigant. (Motion, pp. 10-11 of pdf.) Self-represented litigants must be served by non-electronic means unless they affirmatively consent to receiving documents electronically. (First Amended General Order, ¶ 3; Cal. Rules of Court, rule 2.253, subd. (b)(3); Code Civ. Proc., § 1010.6, subd. (c).) There is nothing in the Court’s file to indicate that Plaintiff has affirmatively consented to receiving service electronically. Moreover, the motion includes the wrong address for the Court, which is located at 1427 West Covina Parkway, West Covina, CA 91790, not at the address in Pomona. Further, given Plaintiff’s lack of opposition to Defendants’ motion, it appears to the Court that Plaintiff did not receive service of this motion. 

Based on the foregoing, the Court DENIES the motion without prejudice. 

CONCLUSION 

The Court DENIES the motion of Defendants Pomona Community Health Center dba Parktree Community Health and Ranjit Theofile Shenoy, M.D. to stay proceedings, or in the alternative, extension to file responsive pleading, without prejudice. 

              Defendants are ordered to give notice of the Court’s ruling within five calendar days of this order.