Judge: Michael Small, Case: 23STCV01424, Date: 2023-08-14 Tentative Ruling

Case Number: 23STCV01424    Hearing Date: January 26, 2024    Dept: 57

Pending before the Court is Plaintiff's motion for trial preference under Code of Civil Procedure Section 36(d) based on Plaintiff 's  medical condition.  In support of the motion, Plaintiff submitted declarations regarding his medical condition executed by two physicians, Dr. Grant Turner and Dr. Richard Cohen.  In the Court's view, there are inconsistencies between the physicians' declarations, on the one hand, and certain excerpts from the transcript of Plaintiff's recent deposition submitted by Defendants in opposition to the motion, on the other hand.  Rather than denying Plaintiff's motion outright in light of these inconsistencies, the Court is continuing the hearing on the motion to provide Defendants an opportunity to depose Dr. Turner and Dr. Cohen as to their opinions on Plaintiff's medical condition.   In the Court's view, those depositions may shed light on whether Plaintiff's medical condition is as the declarations state it is, or rather, Plaintiff's medical condition is what the excerpts from the transcript of Plaintiff's deposition suggests it is.  The Court will discuss with the parties at today's hearing on the Plaintiff's motion an appropriate continuance date.   The Court also will discuss with the parties the time estimates for the trial in this action.