Beverly Hospital v. SUPERIOR COURT OF LOS ANGELES CTY.

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…