Jones v. Kaiser Foundation Health Plan
On June 10, 2010, plaintiff, Lynn Scott Jones, filed a medical malpractice complaint against defendants, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group, and Dr. Robert Yu, a Kaiser doctor (collectively, Kaiser).
On May 4, 2011, Kaiser filed a motion for summary judgment. The hearing on the motion was set for August 25, 2011.
On August 11, 2011, Jones filed a memorandum of points and authorities and a statement of undisputed material facts in opposition to the motion for summary judgment. The memorandum also requested a continuance “because essential evidence currently exists but cannot be presented at this time.†(Capitalization omitted.)
On August 22, 2011, Jones filed an ex parte motion to continue the August 25, 2011 hearing. Kaiser objected, but the motion was granted, and the hearing was continued until October 24, 2011.
On October 24, 2011, Jones requested a further continuance to obtain an expert medical opinion. The court denied the request and granted Kaiser’s summary judgment motion.
On November 3, 2011, Jones filed a motion for reconsideration. The motion was heard on January 18, 2012, and the motion for reconsideration was denied. Jones appeals from the ensuing judgment.
ISSUES
On appeal, Jones presents two issues. First, he argues the trial court abused its discretion by denying a second continuance at the October 24, 2011 hearing and then granting the summary judgment motion. Second, he contends the trial court abused its discretion when it denied his motion for reconsideration on January 18, 2012.
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