What is the test for an evidentiary hearing in a motion brought by a plaintiff in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Diaz v. Beard, CASE NO. 13cv1438-L (MDD) (S.D. Cal. 2013):
petition had been timely filed. Standing alone, these facts do not go beyond "garden variety negligence" or "excusable neglect." "In short, ...[this case] does not present the extraordinary circumstance beyond the party's control where equity should step in to give the party the benefit of his erroneous understanding." Harris v. Hutchinson, 209 F.3d 325, 331 (9th Cir. 2000). Accordingly, there is no basis for an evidentiary hearing.
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