Motion to Compel

Cal. Super. - 2nd Dist.May 17, 2019

123 23561 378401583 562400020067960 113454 2195 890 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:20:00 AM JUDICIAL OFFICER PRESIDING: Ronda McKaig COUNTY OF VENTURA VENTURA DATE: 03/01/2022 DEPT: 41 CLERK: Kim Goodman REPORTER/ERM: None CASE NO: 56-2019-00528503-CU-PO-VTA CASE TITLE: Lange vs Epiphany Care Homes CASE CATEGORY: Civil - Unlimited CASE TYPE: PI/PD/WD - Other EVENT TYPE: Motion for Leave to File Cross Complaint EVENT TYPE: Motion to Compel Depositions of Epiphany Care Homes Inc person most knowledgeable and Production of Records MOVING PARTY: Amy Susanne Lange by and through her successor in interest Virgil Lange, Virgil Lange CAUSAL DOCUMENT/DATE FILED: Motion to Compel Depositions of Epiphany Care Homes Inc PMK and Production of Records; and for Protective Order to Protect Privacy of Patients and Staff; Declaration of Christoph T Netteshem Esq in Support thereof, 01/07/2022 STOLO APPEARANCES STOLO Christoph T. Nettesheim, counsel, present for Plaintiff(s) telephonically. David Kremenetsky, counsel, present for Defendant(s) telephonically. Stolo At 8:38 a.m., court convenes in this matter with all parties present as previously indicated. Counsel have received and read the court's written tentative ruling. Regarding the Motion by Defendant Epiphany Care Homes for leave to file cross complaint: Matter submitted to the Court with argument. The Court finds/orders: The Court's tentative is adopted as the Court's ruling. The Court DENIES Defendant Epiphany Care Homes' motion for leave to file cross complaint. At this late stage in the proceedings, Defendant must establish that leave to amend is in the interests of justice and Defendant should provide a reasonable explanation as to why the cross-complaint was not filed earlier. Defense counsel asserts that Defendant only recently learned of the facts giving rise to the cross-complaint (the decedent's attendance at a day program on 4.18.18), but the evidence submitted by Plaintiff in opposition establishes that those facts were identified in discovery long ago and repeatedly, and the facts were in Defendant's possession and included in discovery that Defendant produced. The facts giving rise to Defendant's proposed claim are not new or recently discovered. Against this backdrop, the Court does not find that the interests of justice would be served by allowing VEN-FNR-10.03 MINUTE ORDER DATE: 03/01/2022 Page 1 DEPT: 41 CASE TITLE: Lange vs Epiphany Care Homes CASE NO: 56-2019-00528503-CU-PO-VTA the filing of a new cross complaint against a third party, because doing so would delay the impending trial date of this case that is almost three years old. A claim for indemnity can be brought after trial, so there is no prejudice to Defendant if leave is not granted. Regarding the Motion to Compel Depositions of Epiphany Care Homes Inc person most knowledgeable and Production of Records: The Court gives its oral tentative ruling. Matter submitted to the Court with argument. The Court finds/orders: The Court is continuing this matter. Parties are to meet and confer regarding the Court's tentative ruling. Motion to Compel Depositions of Epiphany Care Homes Inc person most knowledgeable and Production of Records continued to 03/14/2022 at 08:30 AM in department 41. Mr. Kremenetsky will give notice of the Court's ruling on the motion for leave to file cross complaint. Parties waive notice of continued hearing date. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 03/01/2022 Page 2 DEPT: 41