Judge: Theresa M. Traber, Case: 22STCV07639, Date: 2023-12-13 Tentative Ruling

Case Number: 22STCV07639    Hearing Date: March 5, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 5, 2024                        TRIAL DATE: NOT SET

CASE:                         Sharon Rachelle Cano et al. v. Rajendra Makkar, M.D. et al.

CASE NO.:                 22STCV07639           

MOTION TO SPECIALLY SET HEARING ON DEMURRER AND MOTION TO STRIKE

MOVING PARTY:               Defendants Rajendra Makkar, M.D. and Cedars-Sinai Medical Center

RESPONDING PARTY(S): Plaintiff Sharon Rachelle Cano, individually, as successor-in-interest for the Estate of Lorraine E. Cano, and as trustee for the Lorraine E. Cano Trust

CASE HISTORY:

·         03/02/22: Complaint filed.

·         08/28/23: First Amended Complaint filed.

·         01/02/24: Second Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a medical malpractice action arising from an allegedly botched cardiac procedure performed on the decedent, Plaintiff’s grandmother. Plaintiff alleges that Defendants permitted a medical fellow to perform surgery on the decedent over the decedent’s express wishes.

Defendants move to specially set the hearing on their demurrer and motion to strike as to the Second Amended Complaint.

TENTATIVE RULING:

Defendants move to specially set the hearing on their demurrer and motion to strike as to the Second Amended Complaint under the Court’s inherent power to control its own calendar pursuant to Code of Civil Procedure section 128.

On December 13, 2023, the Court sustained Defendants’ demurrer to the First Amended Complaint without leave to amend as to the first cause of action, and with leave to amend as to the remaining causes of action, and denied the motion to strike as moot. (December 13, 2023 Minute Order.) Plaintiff filed the Second Amended Complaint on January 2, 2024. (See SAC.) Defendants state that the earliest available hearing date for a demurrer and motion to strike to the Second Amended Complaint was May 13, 2024, which they reserved. Defendants’ Demurrer and Motion to Strike were served and filed concurrently with this motion. (See Demurrer to Second Amended Complaint filed February 1, 2024.)

Defendants argue that the demurrer and motion to strike should be specially set for an earlier date because, they contend, these motions will be dispositive of the entire action. Defendants claim that if relief is not granted, they will unjustly be forced to incur fees and costs in pursuing discovery, hiring experts, and preparing this matter for trial. These are not exigencies that require the Court to disregard its regular processes for managing its calendar; these are the ordinary risks inherent in any pending litigation. The Court is not persuaded that the circumstances described by Defendants require special relief.

Accordingly, Defendants’ Motion to Specially Set the Hearing on the Demurrer and Motion to Strike is DENIED.

            Moving Parties to give notice.

IT IS SO ORDERED.

Dated:  March 5, 2024                                    ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.