Judge: Upinder S. Kalra, Case: 22STCV28317, Date: 2024-01-24 Tentative Ruling

Case Number: 22STCV28317    Hearing Date: January 25, 2024    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   January 25, 2024                                            

CASE NAME:           Luna Ruiz-Esquivel, et al. v. Hollywood Presbyterian Medical Center, et al.

CASE NO.:                22STCV28317

MOTION FOR TRIAL PREFERENCE

MOVING PARTY:  Plaintiffs Luna Ruiz-Esquivel, by and through her Guardian ad Litem, Jessica Esquivel, Jessica Esquivel, and Joshua Ruiz

RESPONDING PARTY(S): Defendants Hollywood Presbyterian Medical Center and Dmitry Romanenko, M.D.

REQUESTED RELIEF:

1.      An Order granting trial preference, setting trial no sooner than six months and no later than nine months from the date of granting the motion and to reset all trial-related cutoffs and deadlines to correspond to the new trial date.

TENTATIVE RULING:

1.       Plaintiffs’ motion for trial preference is GRANTED. 

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On August 30, 2022, Plaintiffs Luna Ruiz-Esquivel, a minor, by and through her Guardian ad Litem, Jessica Esquivel, Jessica Esquivel, and Joshua Ruiz (Plaintiffs) filed a Complaint against Defendants Hollywood Presbyterian Medical Center, Dmitriy Romanenko, M.D., and Sung H. Kim, M.D. (Defendants) with three causes of action for: (1) Medical Negligence, (2) Negligent Infliction of Emotional Distress (by Plaintiff Jessica Esquivel) , and (3) Negligent Infliction of Emotional Distress (by Plaintiff Joshua Ruiz).

According to the Complaint, Plaintiff Jessica Esquivel treated with Defendants related to her labor and delivery of Plaintiff Luna and their treatment caused injury to Plaintiff Luna. Plaintiff Joshua Ruiz is Plaintiff Luna’s father.

On October 21, 2022 Defendant Hollywood Presbyterian Medical Center (Hollywood Presbyterian) filed an Answer.

On December 19, 2022, Defendant Sung H. Kim, M.D. (Dr. Kim) filed an Answer.

On January 6, 2023, Defendant Dmitry Romanenko, M.D. (Dr. Romanenko) filed an Answer.

On November 8, 2023, the parties filed a Stipulation to Continue Trial and all related dates that the court DENIED.

On November 16, 2023, the court GRANTED the parties’ Stipulation and Order to Continue Trial, Final Status Conference, and All Related Trial and Discovery Deadlines and continued trial to December 9, 2024 and Final Status Conference to November 22, 2024.

On December 13, 2023, the court GRANTED Dr. Kim’s motion for summary judgment and entered judgment that same date.

On December 27, 2023, Plaintiffs filed the instant motion for trial preference. On January 5, 2024, De. Romanenko filed an opposition. On January 8, 2024, Hollywood Presbyterian filed an opposition. Plaintiffs’ reply was due on or before January 18, 2024. As of January 22, 2024, no reply has been filed.

LEGAL STANDARD:

California Code of Civil Procedure (CCP) § 36(b) provides: “A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole.” (See also, Peters v. Superior Court (1989) 212 Cal.App.3d, 218, 222-223 (Peters).) If the court grants a motion for preference pursuant to subdivision (b), then trial shall be “not sooner than six months and not later than nine months from the date that the motion is granted.” (CCP § 36(g).)

Alternatively, the court may exercise its discretion to “grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.” (CCP § 36(e).)

If the court grants a motion for trial preference under CCP § 36(e), then it must set trial “not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record.” (CCP § 36(f).)

ANALYSIS:

Plaintiffs contend that, under CCP 36(e), the court should exercise its discretion to grant trial preference because Plaintiff Luna is under 14 years old and has a substantial interest in this case, Plaintiffs have not been dilatory in prosecuting this case, Defendants will not be prejudiced, and the court continued trial to December 2024 even though the parties stipulated to April 2024. Alternatively, Plaintiff contends that, under CCP 36(b), the court must give trial preference within six to nine months from the date this motion is granted. Hollywood Presbyterian argues that counsel is no longer available on April 9, 2024, that it opposes setting trial within 120 days of granting this motion, but does not object to setting a preferential trial date six to nine months from granting the motion. Dr. Romanenko presents the same arguments in a separate opposition.

Here, the court agrees that it must set a preferential trial date six to nine months from granting Plaintiffs’ motion pursuant to CCP § 36(b).[1] First, Plaintiff Luna is indisputably under 14 years old. (Declaration of Joseph A. Schwar ¶ 5; see also Complaint ¶ 12 [noting Plaintiff Luna was born on March 8, 2022.]) Second, the instant action concerns alleged medical negligence wherein Plaintiff Luna sustained personal injuries. (See generally, Complaint.) Finally, the parties do not dispute that Plaintiff Luna has a substantial interest in the case.

Accordingly, the court GRANTS Plaintiffs’ motion for trial preference.

CONCLUSION:

            For the foregoing reasons, the Court decides the pending motion as follows:

1.Plaintiffs’ motion for trial preference is GRANTED. Trial is advanced from December 9, 2024 to a date no later than October 21, 2024. The Court will select the date after conferring with counsel at the hearing.

2.       All trial and pretrial cutoffs and deadlines correspond with the new trial date.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             January 25, 2024                     __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court