Case Number: SC115012 Hearing Date: June 25, 2014 Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

TIFFANY WATSON, ET AL.,
Plaintiff(s),
vs.

MARINA DEL REY HOSPITAL, et al.,
Defendant(s).

Case No.: SC115012

[TENTATIVE] ORDER CONTINUING HEARING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Dept. 92
June 25, 2014
1:30 p.m. — #34

The Hearing on Defendant, David Kheradyar, M.D.’s Motion for Summary Judgment is Continued to Wednesday, July 23, 2014. Defendant is ordered to file new copies of the summary judgment papers, in compliance with this order, by 6/30/14. Plaintiff is ordered to file new copies of the opposition papers, in compliance with this order, by 7/09/14. No new reply is necessary.

1. Facts
Plaintiffs, Tiffany, Alexander, and Christina Watson filed this action against Defendants, Marina del Rey Hospital and numerous doctors for wrongful death.

2. Motion for Summary Judgment
Defendant, David Kheradyar, M.D. originally filed his motion for summary judgment on 5/09/13, setting to for hearing on 7/26/13. The parties agreed to continue the hearing on the motion, and it was ultimately re-set for today’s date, 6/25/14.

The Court has concerns with both the moving and the opposition papers, and needs to continue the hearing for one month. The hearing is continued to Wednesday, July 23, 2014. Defendant is ordered to file new papers, curing the defects set forth below, by Monday, 6/30/14. Plaintiff is ordered to file new opposition papers, curing the defects set forth below, by Wednesday, July 9, 2014.

a. Defendant’s papers
The Court is in possession of:
• Notice of Intent to Lodge Medical Records (5/09/13);
• Separate Statement (5/09/13);
• Documentary Evidence in Support of Motion for Summary Judgment (5/09/13);
• Notice of Errata (5/28/13).

Any other papers that were originally filed with the moving papers are missing from the Court’s file. Additionally, the document entitled “Documentary Evidence in Support of Motion for Summary Judgment” does not have any documents attached. Finally, the Court is not in receipt of the medical records, which were to be lodged. It is entirely likely that these problems were the result of the very long continuance, and are not the fault of Defendant. Defendant is ordered to provide copies of all of these documents by Monday, 6/30/14. Defendant is ordered to ensure that the filing complies with all Rules of Court, and to note that a violation of the CRCs will result in denial of the motion.

b. Plaintiffs’ opposition
Plaintiffs filed their opposition papers on 6/11/14. Plaintiffs’ opposition is accompanied by a declaration of counsel, with evidence attached thereto. The evidence is voluminous in nature, but is not tabbed, in violation of CRC 3.1110(f). The Court cannot meaningfully review the evidence as submitted. Plaintiffs are ordered to cure this defect by filing a new declaration of counsel, on or before 7/09/14, with the exhibits tabbed in compliance with 3.1110(f).

Dated this 25th day of June, 2014

Hon. Elia Weinbach
Judge of the Superior Court