Beverly Hospital v. SUPERIOR COURT OF LOS ANGELES CTY.

Good Law
19 Cal. App. 4th 1289·1993 Cal. App. LEXIS 1077·24 Cal. Rptr. 2d 238·93 Daily Journal DAR 13679·93 Cal. Daily Op. Serv. 8026
Court of Appeal of CaliforniaOctober 28, 1993B076636California2,653 words

Opinion

Opinion

Johnson, J.

In this case we hold a mistrial, new trial or reversal of the judgment on appeal automatically restarts the time limitations on discovery. Thus, where a mistrial was declared, plaintiff’s subsequent demand for exchange of expert witness information was timely because it was made more than 70 days before the date set for retrial.

Facts and Proceedings Below

This is a medical malpractice action. The case was set for trial to commence on May 14, 1992. After this trial date was set, the parties engaged in a timely exchange of information concerning each other’s expert witnesses pursuant to Code of Civil Procedure section 2034.

The case was tried to a jury. The jury, however, was unable to reach a verdict after 17 days of deliberations. The trial court, finding the jury to be “hopelessly deadlocked” declared a mistrial. Following the mistrial, the court held a status conference on October 9, 1992, and scheduled another trial for January 6, 1993.

On October 26, 1992, more than 70 days before the date set for trial, plaintiff served defendants with a new demand for exchange of expert witness information. Plaintiff designated November 17, 1992, as the date for the exchange of…

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