Judge: Teresa A. Beaudet, Case: 20STCV30336, Date: 2023-03-16 Tentative Ruling

Case Number: 20STCV30336    Hearing Date: March 16, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff Christopher Conner filed this action on August 11, 2020 against Defendants Del Amo Hospital, Inc. (“Del Amo”) and Universal Health Services, Inc. On November 18, 2020, Plaintiff filed an amendment to the Complaint substituting UHS of Delaware, Inc.  (“UHS of Delaware”) in place of “Doe 51.”

Del Amo and UHS of Delaware (jointly, “Defendants”) now move to continue the trial date, currently set for April 5, 2023, to December 2023[1], or as soon thereafter as the Court’s calendar permits. No opposition to the motion was filed.

            Discussion

“The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (Cal. Rules of Court, rule 3.1332, subd. (c).) “In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination.” (Cal. Rules of Court, rule 3.1332, subd. (d).)

Defendants asserts that good cause exists here to continue the trial date.

Defendants note that on February 7, 2023, the Court issued an order denying without prejudice Del Amo’s motion for summary judgment or in the alternative, summary adjudication.[2] The Court’s February 7, 2023 Order noted that none of the exhibits referenced in Del Amo’s Notice of Lodgment were attached to the Notice filed with the Court.

Defendants indicate that they promptly reserved a new hearing date for the motion for summary judgment/summary adjudication, which is set for hearing on October 24, 2023, the first available date on the Court’s calendar. (Brennan Decl., ¶ 5.) The motion for summary judgment/summary adjudication was filed on February 15, 2023. (Brennan Decl., ¶ 5.) Defendants assert that they would be prejudiced if the trial date is not continued to a date after the October 24, 2023 hearing on Defendants’ summary judgment/summary adjudication motion. Defendants note that “[i]n ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include…Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance.” (Cal. Rules of Court, Rule 3.1332, subd. (d)(10).) Defendants assert that the interests of justice can only be served by a continuance to ensure that Defendants are afforded a fair opportunity to prepare their defense.

Defendants also indicate that they served multiple notices for Christopher Conner’s deposition, with deposition dates of June 20, 2022, June 21, 2022, and November 4, 2022. (Brennan Decl., ¶ 4.) Each time, plaintiff’s counsel indicated that due to a breakdown in communication their client could not be produced for deposition, and no alternate dates were provided. (Brennan Decl., ¶ 4.) To date, Defendants have been unable to take the deposition of plaintiff and have served another deposition notice to complete the deposition on March 3, 2023. (Brennan Decl., ¶ 4.) Defendants note that circumstances that may indicate good cause for a trial continuance include “[a] party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” (Cal. Rules of Court, Rule 3.1332, subd. (c)(6).)

            Defendants also assert that there is no alternative means to address the issues above. Another circumstance relevant to the Court’s ruling on a motion for a continuance is “[t]he availability of alternative means to address the problem that gave rise to the motion or application for a continuance.” (Cal. Rules of Court, Rule 3.1332, subd. (d)(4).)

            Based on the foregoing, and in light of the lack of any opposition, the Court finds that Defendants have demonstrated good cause for a trial continuance.

Conclusion

Based on the foregoing, Defendants’ motion is granted.

The Court continues the final status conference to December 1, 2023 at 10:00 a.m., in Dept. 50 and trial to December 13, 2023, at 9:30 a.m., in Dept. 50.

The trial readiness and exhibit binders must be lodged in Dept. 50 by 4 p.m. on November 22, 2023.

All discovery deadlines and motion cut-offs are continued based on the new trial date.

Defendants are ordered to give notice of this ruling.

DATED:  March 16, 2023                                                     

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court