Judge: Thomas D. Long, Case: 22STCV41119, Date: 2024-08-27 Tentative Ruling

Case Number: 22STCV41119    Hearing Date: August 27, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 31, 2024, Defendants Anthem Blue Cross Life and Health Insurance Company and  Blue Cross of California filed a motion to designate this case as complex.  Defendants ask this Court to “designate this case as complex and either transfer it to a complex litigation department or retain it as a complex case in this department.”  (Motion at p. 2.)

Plaintiff PMH Laboratory Inc. opposes the motion on several grounds, including that it is procedurally improper and does not comply with the California Rules of Court and Local Rules.

Defendants argue that this motion is proper because the Court may designate a case as complex “on a noticed motion by any party” under California Rules of Court, rule 3.403(b).  (Reply at p. 2.)  Defendants note that the Local Rules shall not “be construed to alter the continuing power of a judge assigned to a case to decide at a later date that the case is complex or that a case previously declared to be complex is not.”  (LASC Local Rule 3.3(k)(5).)

Even if this Court were to determine that this case is complex upon noticed motion, a Complex Civil Case Questionnaire must be filed for the Assistant Supervising Judge’s determination of whether to transfer the case.  (LASC Local Rule 3.3(k)(6).)  This Court has no power to transfer the case to the Complex Litigation program.  “Only the Assistant Supervising Judge, Civil/Complex decides if a case will transfer into the Complex Litigation Program.”  (LASC Local Rule 3.3(k)(7).)

In the alternative to transferring this case, Defendants ask the Court to designate this case as complex and retain it as a complex case in this department.  (See Motion at p. 2.)  Defendants set forth arguments about how the factors of California Rules of Court, rule 3.400 are satisfied and why this case is complex.  (Id. at pp. 6-9.)  Although this Court could decide whether this case is a complex case, Defendants do not explain any “greater flexibility afforded to judges handling cases designated as complex” if this Court does deem it complex without transferring it to the Complex Litigation Program.  (Reply at p. 7.)  Rather, to effect the “exceptional judicial management” that a complex case requires, the Superior Court of California, County of Los Angeles established the Complex Litigation Program.  (See California Rules of Court, rule 3.400(a).)

The Motion for Order to Designate Case as Complex is DENIED WITHOUT PREJUDICE.

This Court cannot cause the case’s transfer to the Complex Litigation Program.  (See LASC Local Rule 3.3(k)(7).)  If any party seeks reclassification and transfer, they are ordered to follow the procedures set forth in LASC Local Rule 3.3(k)(4).

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 27th day of August 2024