Order: Newton, Patsy et al vs. Enloe Medical Center

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                                California F
                                                             F Superior CourtofofButte
                                                              I
                                                                     County                 i


                                                                     DEC o7 2020
                                                             E                             E
                                                             D      im        ner. Clerk   D



                SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
                                      1775 Concord Avenue
                                        Chico, CA 95928
                           /




  PATSY NEWTON, et a1,                                     Case No. 20CV01 091


            Plaintiffs,
                                                           ORDER AFTER HEARING ON
                                                           DEFENDANT’S MOTION FOR
                                                           RECONSIDERATION RE:
 vs.                                                       MOTION TO CONTINUE
                                                           TRIAL

 ENLOE MEDICAL CENTER,

            Defendant.




       .   Defendant’s motion for reconsideration of the Court’s ruling on its motion to continue

the trial came on for hearing on December 2, 2020. The Court previously denied Defendant’s

motion to continue the trial in the above-captioned action, nding    the matter was subject to

trial preference under Code of Civil Procedure section 36, and the trial could proceed

primarily remotely by Zoom on December 14, 2020.
           At the hearing on Defendant’s motion, the Court acknowledged the Govemor’s recent
announcement that state-wide lock-down orders for counties remaining in the State’s most
restrictive tier would likely issue within days. The Court also advised that it could not make
                                                                                               a

                                                            continue the trial.
ruling that day with regard to whether good cause exists to
          In response to the increased infection rate, and in an effort to curb further spread       of

COVID-19, on December 4, 2020 the Presiding Judge of the Butte County Superior Court
issued an Order nding good cause to continue jury trials in the Criminal Division. The
                                                                                    in support of this
reasons for nding         good cause to continue criminal jury trials weigh heavily

Court nding          good cause to continue the trial herein.

          Therefore, the Court now nds          good cause to grant continuance of the above-

captioned trial, based on the increase in infection rate in
                                                            Butte County, as well as the County’s

placement in the most restrictive tier by the Governor due to the
                                                                  infection rate, subjecting the

County to probable State-mandated lock-down orders as part of the Greater
                                                                          Sacramento

Region. The Court nds           an ongoing threat to jurors and witnesses to participate in jury

selection and trial due to the COVID-19 pandemic, which will be exacerbated by a lock-down

order.

          Based on the ongoing health concerns raised by increased spread of the disease, the

                          good cause to continue the trial in this case beyond the 15-day limit
Court further nds                                                                               set

forth in subdivision (f) of Code of Civil Procedure section 36. (See, i.e., Stanley v. Superior

Court (2020) 50 Cal. App.         5th   164, 169; see, also, People v. Tucker (201 1) 196 Cal. App. 4‘“

13 13.)

          By this Order, the Court hereby vacates the trial readiness conference set for
December 10, 2020, as well as the jury trial set for December 14, 2020.            A   15-day jury trial is

set for February 8, 2021, at 8:00 a.m., with a trial readiness conference on February 4, 2021,

at 1:30 p.m.



          It is so   ORDERED.


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Date                                                  Hon. Tamara      M
                                                                    Vsbarger
                         Assistant Presiding Judge of the Superior Coun
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