Alexander v. Superior Court CA2/1

Filed 6/30/14 Alexander v. Superior Court CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

JUDY ALEXANDER et al., B255755

Petitioners, (L.A.S.C. No. BC426353)

v. OPINION AND ORDER THE SUPERIOR COURT OF GRANTING PEREMPTORY LOS ANGELES COUNTY, WRIT OF MANDATE

Respondent;

COMMUNITY HOSPITAL OF LONG BEACH et al.,

Real Parties in Interest.

ORIGINAL PROCEEDING; petition for writ of mandate. Michael M. Johnson, Judge. Petition granted. The Law Offices of Maryann P. Gallagher and Maryann P. Gallagher for Petitioners. No appearance for Respondent. Lewis Brisbois & Smith, Jeffry A. Miller, John L. Barber, Laura J. Anson, and Brittany H. Bartold for Real Party in Interest Community Hospital of Long Beach. Gordon & Rees, Stephanie P. Alexander and Nathaniel J. Tarvin for Real Parties in Interest Memorial Psychiatric Health Services, Inc. and Memorial Counseling Associates Medical Group, Inc.

The trial court abused its discretion in denying Judy Alexander, Lisa Harris and Johann Hellmannsberger’s (collectively referred to as Alexander) ex parte application for relief from a jury waiver.1 Accordingly, the petition is granted. FACTUAL AND PROCEDURAL BACKGROUND This is a wrongful termination case arising from the discharge in 2009 of three nurses who were all long-term employees at Community Hospital of Long Beach. Community Hospital of Long Beach contracted with Memorial Counseling Associates and Memorial Psychiatric Health Services, Inc. (the Hospitals). On November 19, 2009 Alexander filed a complaint for discrimination/wrongful termination against the Hospitals and requested a jury trial. On January 21, 2010, when the Hospitals appeared, they demanded a jury trial. On June 10, 2010 an initial case management conference was held, and all parties requested a jury trial. A jury trial was scheduled for April 11, 2011, but the date was subsequently vacated. On May 5, 2011, Alexander submitted a case management conference statement requesting a jury trial. On June 8, 2011, a trial setting conference was held, all counsel appeared, and a jury trial was set for January 23, 2012. Subsequently, on July 30, 2013, after a delay due to an appeal of an arbitration order, the trial court held a status conference and set a jury trial for April 28, 2014. On February 13, 2014, the Hospitals submitted their case management conference statement requesting a jury trial with an estimate of 10 days.