Judge: William Y. Wood, Case: 37-2021-00030296-CU-MM-NC, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - May 23, 2024

05/24/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2021-00030296-CU-MM-NC GROPEN VS PALOMAR MEDICAL CENTER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Ex Parte Application for Order Shortening Time, 04/08/2024

Defendant Palomar Health's motion for relief from waiver (ROA # 404) is granted.

The Court has carefully considered the argument and authorities presented by both parties and is persuaded that defendant has established a good faith, reasonable excuse for not providing timely discovery responses. See Freistedt Decl. (ROA # 405), ¶ 7. The Court is further persuaded that the responses, while not ideal, are in substantial compliance with the Discovery Act. For example, Defendant's responses are not in compliance with CCP § 2031.280 in that Defendant has failed to identify which documents are responsive to which request in some instances and has failed to provide all requested information pertaining to witness 43283.

The Court directs the parties to meet and confer, telephonically or in person, in an attempt to resolve all outstanding discovery disputes.

In the event that the parties are unable to resolve the disputes, the Court hereby reserves June 14, 2024 at 1:30 pm for a motion to compel further responses to discovery. Plaintiff shall file a concise statement in lieu of a separate statement identifying all of the issues relating to all of the written discovery in one noticed motion. Plaintiff's moving papers in support of the motion shall be filed by May 31, 2024.

Defendant may file opposition papers by June 7, 2024 and any reply papers are due by noon on June 12, 2024.

Plaintiff should notify the Court promptly if he does not intend on filing a motion to compel further discovery responses.

This minute order constitutes the Court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, May 24, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of May 24, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3113113