Boutros v. Superior Court CA2/1
Petitioner Jason K. Boutros, MD, Inc. (Dr. Boutros) petitions for a writ of mandate directing the superior court to vacate its March 9, 2018 order denying his motion for relief from waiver of jury trial and to issue an order granting the motion. We issued a stay pending this court’s resolution of the petition, and an alternative writ of mandate. Because the respondent court declined to vacate its order, we issued an order to show cause why a writ of mandate should not issue. Because we agree with Dr. Boutros that neither the respondent court nor real party Saint Lukes Pasadena, LLC (Saint Lukes) identified any prejudice that amounts to a serious hardship if he is granted relief from his waiver of jury trial, we grant the petition and direct the superior court to vacate its order denying Dr. Boutros’s motion and enter a new and different order granting the motion.
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