BEHZAD SABOORIAN ET AL VS REGENTS OF THE UNIVERSITY OF CA

Motion to Continue Trial and Related Dates

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On January 26, 2018, Plaintiffs Behzad Saboorian and Kamelia Jalilvand (“Plaintiffs”) filed a complaint against Defendants Regents of the University of California, Ronald Reagan UCLA Medical Center 6ICU UPC, and Kevin A. Ghassemi alleging medical malpractice for deficient treatment of Plaintiff Saboorian from August 26, 2016 onwards.

On July 10, 2018, Plaintiffs filed a first amended complaint to allege additional causes of action for fraud and loss of consortium.

On October 28, 2019, Defendant Regents of the University of California filed a motion to continue trial and related dates pursuant to California Rules of Court, rule 3.1332.

Trial is set for January 27, 2020.

PARTY’S REQUESTS

Defendant Regents of the University of California (“Moving Defendant”) asks the Court to continue: (1) trial to October 19, 2020, (2) the final status conference to October 5, 2020, and (3) all discovery cut of dates to relate to the October 19, 2020 trial date.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings.  In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates.  (Code Civ. Proc. § 2024.050.)

DISCUSSION

Moving Defendant argues there is good cause to grant the motion because litigation stalled for a year in the wake of Plaintiff Saboorian’s death in September of 2018.  (Cynowiec Decl., ¶¶ 3-5; Motion, p. 4:4-4:6.)  Initial discovery has not been completed, no depositions have been taken, and the parties have stipulated to a continuance of trial to October 25, 2019.  (Cynowiec Decl., ¶¶ 2, 6-7, Exh. A; Motion, p. 4:7-4:14.)

The Court finds there is good cause to continue trial and the related dates.  The parties will not be ready for trial on January 27, 2020 due to the aftermath of the passing of Plaintiff Saboorian.  The parties still need to conduct discovery, analyze whether expert retention is proper, and determine whether summary judgment should be sought.  Trial, the final status conference, and all discovery cut-off and other pre-trial dates are properly continued.

The motion is GRANTED.

The Court orders trial shall be continued to October 19, 2020 at 8:30 a.m.  The Court also orders the final status conference date shall be continued to October 5, 2020 at 10:00 a.m.  Both hearings are to be held in Department 4A of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  All discovery cut-off and other pretrial dates are continued to relate to the October 19, 2020 trial date.

Moving Defendant is ordered to give notice of this ruling.