Judge: Margaret Miller Bernal, Case: 21STCV15446, Date: 2022-12-07 Tentative Ruling

Case Number: 21STCV15446    Hearing Date: December 7, 2022    Dept: SEF

LEYVA v. PIH HEALTH, INC.

CASE NO.:  21STCV15446

HEARING: 12/07/22

#5

TENTATIVE ORDER

Defendant PEYMAN KANGAVARI’s unopposed Motion to Continue Trial and Related Dates is GRANTED.

Moving Party to give Notice.

No Oppositions filed as of December 6, 2022.

The Notice of Joinders filed by Defendants PIH HEALTH INC., PIH HEALTH HOSPITAL – WHITTIER, and PIH HEALTH PHYSICIANS; INTERCOMMUNITY EMERGENCY MEDICAL GROUP, COURTNEY JANE JENTZEN, M.D., and EVA MONTESANO, PA-C; and Plaintiff are GRANTED.

Defendant PEYMAN KANGAVARI (“Kangavari”) moves to continue trial and all related dates to a date on or after September 5, 2023. Trial is currently set for April 5, 2023.

Kangavari argues that a trial continuance is necessary to allow the parties to adequately conduct discovery, afford due process to the pending Motions for Summary Judgment, and complete mediation.

Importantly, no Oppositions have been filed and all parties have stipulated to a continuance.

“Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good case requiring the continuance. Circumstances that may indicate good cause include…. (6) A party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts…. [¶] (d)… (9) Whether all parties have stipulated to a continuance.” (CRC Rule 3.1332(c)-(d).)

This action was filed on April 23, 2021. All parties stipulate to a continuance of the trial and all related dates.

The Motion to Continue Trial to a date in or after September 5, 2023 is GRANTED. The Final Status Conference is CONTINUED.  Discovery and all related deadlines will track the new trial date.