Judge: Robert B. Broadbelt, Case: 19STCV38890, Date: 2022-12-05 Tentative Ruling

Case Number: 19STCV38890    Hearing Date: December 5, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Plaintiffs Jason J. Emer, MD, Professional Corporation, and Jason J. Emer, MD

RESPONDING PARTY:        Unopposed

Plaintiffs’ Motion to Continue Trial and Discovery Cutoff

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

Plaintiffs Jason J. Emer, MD, Professional Corporation, and Jason J. Emer, MD (“Plaintiffs”), move the court for an order continuing (1) the trial in this action by approximately nine months, from May 2023 to February 2024, and (2) the related discovery cutoff dates.

The court finds good cause to grant Plaintiffs’ motion to continue the trial and related discovery cutoff dates in this action because Plaintiffs have presented evidence establishing (1) they have been unable to obtain essential testimony, documents, or other material evidence, despite their diligent efforts; (2) Plaintiffs have recently filed a motion for leave to amend their complaint, constituting a significant, unanticipated change in the status of the case, as a result of which the case is not ready for trial; and (3) there is no prejudice to the parties, and the interests of justice are best served by a continuance, so that Plaintiffs may obtain essential discovery and pursue all theories of relief against the defendants by filing an amended complaint.  (Cal. Rules of Ct., rule 3.1332, subds. (c)(6), (c)(7), (d)(10); Segal Decl., ¶¶ 1, 15-19.)

The court therefore grants plaintiffs Jason J. Emer, MD, Professional Corporation, and Jason J. Emer, MD’s motion to continue trial and discovery cutoff.  The court orders:

1.  The trial in this action is continued from May 10, 2023, to ______________________, 2024, at 11:00 a.m., in Department 53.

2.  The Final Status Conference is continued from April 28, 2023, to ______________________, 2024, at 11:00 a.m., in Department 53.

3.  All discovery cut-off and discovery motion cut-off dates, and deadlines for the exchange of information concerning expert trial witnesses shall be based on the new trial date.

4.  The February 9, 2022 minute order reflects that, pursuant to stipulation, the court ordered the parties and their counsel to hold a mediation with a private mediator no later than June 30, 2022, and that the fees and costs of mediation shall be shared pro rata among the parties.  The court extends the deadline to complete mediation to ______________________, 2023. 

            The court orders plaintiffs Jason J. Emer, MD, Professional Corporation, and Jason J. Emer, MD to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 5, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court