Judge: Maurice A. Leiter, Case: 23STCV09073, Date: 2024-06-03 Tentative Ruling

Case Number: 23STCV09073    Hearing Date: June 3, 2024    Dept: 54

Hearing Date: June 3, 2024

Department 54, Judge Maurice Leiter

(2) Demurrers to First Amended Complaint and Motions to Strike

Moving Party: Defendants Neha Jeurkar Darrah, M.D., Cedars-Sinai Medical Center, Smidt Heart Institute, Florian Rader, M.D., Nathan Reuven Stein, Jae Hyung Cho, M.D., Joshua Goldhaber, M.D., Caitlin Leigh Oldenkamp, M.D., Gene St. Pierre, Andrew Kondrat, Afshin Afrashteh, Danielle Kahanowitch, And Achilles Vincent Aiken

Responding Party: Plaintiff Siamak Pishvaee, individually and as successor-in-interest to Jamal Pishvaei

T/R:     DEFENDANTS’ DEMURRERS, AND THE CASE MANAGEMENT CONFERENCE SET FOR JUNE 3, 2024 - ARE CONTINUED TO JUNE 18, 2024 AT 9:00AM.

PLAINTIFF TO FILE AND SERVE SUPPLEMENTAL OPPOSITIONS, NOT TO EXCEED 7 PAGES, NO LATER THAN JUNE 12, 2024.

DEFENDANTS TO NOTICE

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

Defendants have filed two demurrers and two motions to strike. Each demurrer’s memorandum of points and authorities exceeds CRC Rule 3.1113(d)’s 15-page limit for memoranda by 7 pages. Plaintiff objected to this in opposition and refused to address Defendants’ arguments made after 15 pages (causes of action 10-16.). In reply, Defendants argue that the additional pages were needed because of the length of Plaintiff’s complaint and the 16 causes of actions asserted.

Given the large number of causes of action asserted in the first amended complaint, the Court will consider Defendants’ entire memoranda. The Court will allow Plaintiff the opportunity to oppose the motions with supplemental briefing.

The demurrers and motions to strike are CONTINUED.