On 01/26/2018 BEHZAD SABOORIAN filed a Personal Injury - Medical Malpractice lawsuit against REGENTS OF THE UNIVERSITY OF CA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.
****1163
01/26/2018
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
DANIEL M. CROWLEY
SABOORIAN BEHZAD
JALILVAND KAMELIA
GHASSEMI KEVIN A.
RONALD REAGAN UCLA MEDICAL CENTER 6ICU
REGENTS OF THE UNIVERSITY OF CALIFORNIA
DOES 1 TO 50 INCLUSIVE
SABOORIAN JASMINE
SABOORIAN JONATHON
NEMAT ELHAM
VELISSAROPOULOS ALEXIA
KAWAI JOHN A.
FRASER WATSON & CROUTCH
CYNOWIEC JESSICA
9/11/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (PLAINTIFF'S MOTION TO COMPEL DEFENDANT GHASSEMI'S RESPONSES T...) OF 09/11/2020
8/28/2020: Opposition - OPPOSITION DEFENDANT KEVIN GHASSEMI, M.D.'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE; DECLARATION OF JESSICA CYNOWIEC; REQUEST FOR SANCTIONS I
5/1/2020: Motion to Compel - MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFENDANT GHASSEMI'S FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE
5/4/2020: Minute Order - MINUTE ORDER (COURT ORDER)
5/4/2020: Minute Order - MINUTE ORDER (COURT ORDER)
5/7/2020: Proof of Personal Service
5/7/2020: Proof of Personal Service
1/28/2020: Application And Order For Appointment of Guardian Ad Litem
12/2/2019: Notice of Rejection - Ex Parte Application Without Hearing - NOTICE OF REJECTION - EX PARTE APPLICATION WITHOUT HEARING FOR GUARDIAN AD LITEM RE: GIANNA
11/7/2019: Declaration - DECLARATION DECLARATION OF KAMELIA JALILVAND PURSUANT TO CCP 377.32
7/11/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO
4/3/2018: Proof of Service of Summons and Complaint -
4/3/2018: Proof of Service of Summons and Complaint -
4/10/2018: CIVIL DEPOSIT -
3/15/2018: Defendant's Claim and Order to Go to Small Claims Court (Small Claims) - First
1/26/2018: Civil Case Cover Sheet -
1/26/2018: Summons -
Hearing04/28/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
Hearing04/14/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference
Hearing01/26/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Continued - Stipulation
Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Continued - Stipulation
Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel (Defendant Ghassemi's Responses to Form Interrogatories, Set One; Sanctions) - Held - Motion Granted
Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party
Docketat 1:30 PM in Department 4A; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Court
DocketCertificate of Mailing for ((Plaintiff's Motion to Compel Defendant Ghassemi's Responses t...) of 09/11/2020); Filed by Clerk
DocketMinute Order ( (Plaintiff's Motion to Compel Defendant Ghassemi's Responses t...)); Filed by Clerk
DocketProof of Service (not Summons and Complaint); Filed by Kamelia Jalilvand (Plaintiff); Behzad Saboorian (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by Kamelia Jalilvand (Plaintiff); Behzad Saboorian (Plaintiff)
DocketProof of Service of Summons and Complaint
DocketProof of Service of Summons and Complaint
DocketAmended Complaint; Filed by Kamelia Jalilvand (Plaintiff); Behzad Saboorian (Plaintiff)
DocketDefendant's Claim and Order to Go to Small Claims Court (Small Claims) First
DocketComplaint
DocketCivil Case Cover Sheet
DocketComplaint; Filed by Kamelia Jalilvand (Plaintiff); Behzad Saboorian (Plaintiff)
DocketSummons; Filed by Kamelia Jalilvand (Plaintiff); Behzad Saboorian (Plaintiff)
Case Number: BC691163 Hearing Date: September 11, 2020 Dept: 28
Saboorian v. Regents of the University of California
BC691163
Plaintiffs’ Motion to Compel Further Responses to From Interrogatories
In this medical malpractice wrongful death case, Plaintiffs move to compel further responses to Form Interrogatories Nos. 16.3-16.6. The court observes that this matter could easily have been addressed at an Informal Discovery Conference and further observes that way too much time has been spent on a simple issue.
Dr. Ghassemi is ordered to provide further responses to these interrogatories within 30 days. Plaintiffs are entitled to know whether Dr. Ghassemi is making the contentions which are the subject of these interrogatories, and, if so, the bases for the contentions. The fact that the issues will turn on expert witness testimony is of no import. These interrogatories do not seek the premature disclosure of expert witness testimony – they seek the bases for that testimony. The interrogatories are not premature. Dr. Ghassemi has had over a year in which to conduct discovery and, in fact, has conducted discovery on these issues.
Given that this matter could have been resolved with robust meet and confer efforts, including the scheduling of an Informal Discovery Conference, the parties’ requests for sanctions are denied.
Conclusion
Dr. Ghassemi is ordered to provide further responses to Form Interrogatories Nos. 16.3-16.6 without objections within 30 days. Given that this matter could have been resolved with robust meet and confer efforts, including the scheduling of an Informal Discovery Conference, the parties’ requests for sanctions are denied.
Plaintiffs are to give notice.
Case Number: BC691163 Hearing Date: November 19, 2019 Dept: 4A
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.