Judge: Serena R. Murillo, Case: 21STCV13785, Date: 2022-12-21 Tentative Ruling

Case Number: 21STCV13785    Hearing Date: December 21, 2022    Dept: 29

TENTATIVE

21STCV13785 Sandoval, et al. v. Hadadian, et al.

Motion for an Order Advancing the Hearing Date on Defendant’s Motions to Compel Plaintiffs’ Discovery Responses filed by Defendant Sedi Hadadian, M.D. is GRANTED.

Background

               This is an action for medical malpractice.

               On April 21, 2021, Plaintiffs Zavion Sandoval, a minor, by an through his Guardian ad Litem, Mariana Sandoval, and Mariana Sandoval (collectively, “Plaintiffs”) initiated this action against Defendants Sedi Hadadian, M.D., Farid Yasharpour, M.D., Valley Presbyterian Hospital, and Does 1 through 100, alleging two causes of action for negligence.

               On June 8, 2021, Defendant Valley Presbyterian Hospital filed its answer. On July 1, 2021, Defendant Sadi Hadadian, M.D. filed his answer to the complaint.

               On July 28, 2021, Plaintiffs attempted to amend their complaint without leave to amend, but the filing was rejected because answers had been filed in this action, requiring leave of court.

               On August 17, 2021, Defendant Farid Yasharpour, M.D. filed his answer to the complaint.

               On February 1, 2022, the Court granted Plaintiffs’ counsel’s motion to be relieved as counsel.

               On November 9, 2022, the Court denied Defendant Sedi Hadadian, M.D.’s ex parte application to advance the hearing dates on his motions to compel Plaintiffs’ discovery responses. Thereafter, Defendant Sedi Hadadian, M.D. (hereinafter, “Movant”) filed the instant motion seeking the same relief as his prior ex parte application.

               No opposition has been filed.

Legal Standard

               “Courts have inherent authority to control their own calendars and docket.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 267; see also Code Civ. Proc. § 128(a).) 

Discussion

               Movant moves to advance the hearing dates of five discovery motions that are all set to be heard on May 22, 2023 to January 18, 2023 or the next available date on the Court’s calendar.

               Movant indicates that he propounded discovery responses on Plaintiffs through their counsel of record when they were still represented, which was on July 1, 2021. (Gunther Decl. ¶ 4.) However, Plaintiffs have yet to serve any responses. (Motion at pg. 6; Gunther Decl. ¶¶ 5-7.) Consequently, Movant intends to move to compel these discovery responses. However, Movant further indicates that the earliest available date available in the Court Reservation System for these discovery motions was May 22, 2023, which is after the date for Movant’s motion for summary judgment, which is set for May 15, 2023. (Motion at pg. 6; Gunther Decl. ¶ 8.) As a result, Movant contends that without any discovery responses he will be precluded from supporting his defenses and motion for summary judgment. (Motion at pg. 6.) Moreover, Movant asserts that he has a due process right to be advised of the claims against him and to be afforded an adequate chance to prepare his defenses. (Motion at pg. 7, relying on Isbell v. County of Sonoma (1978) 21 Cal.3d 61, 68.)

               Under these circumstances, the Court finds that there is good cause in advancing Movant’s discovery motions because they should be heard prior to Movant’s motion for summary judgment. Otherwise, Movant would be precluded from gathering necessary discovery to present a full defense to the claims asserted against him, which would inhibit Movant’s due process rights. (See Isbell, supra, 21 Cal.3d at 68.) Moreover, California’s discovery statutes are intended to facilitate fairness. (Beverly Hospital v. Superior Court (1993) 19 Cal.App.4th 1289, 1294-1295.)

               Accordingly, the Court grants Movant’s motion.

Conclusion

               Movant’s motion for an order advancing the hearing date on his motions to compel Plaintiffs’ discovery responses is GRANTED.

               Movant’s discovery related motions that are currently set for May 22, 2023 are advanced to January 18, 2023. Moving papers for those motions shall be filed and served according to the Code.

Moving party is ordered to give notice.