Don’t Delay Discovery.

Two patients were involuntarily held in a county mental institution.  The female patient alleges the male patient sexually assaulted her.  An investigation revealed the locking mechanism on her door was faulty, enabling the door to simply be pulled open.  Plaintiff wanted to reopen discovery after defendants produced evidence the doctors and nurses had no knowledge of the latching mechanism problem on the door in a motion for summary judgment.  The trial court denied the request, and the appellate court agreed, saying “[p]laintiff had years to conduct discovery and failed to act diligently.”  The appellate court also declined to find the trial court abused its discretion when it denied a continuance of the summary judgment motion.  Summary judgment was entered in favor of the county and affirmed on appeal.  Johnson v. Alameda County Medical Center  (Cal. App. First Dist., Div. 4;  April 25, 2012) 205 Cal.App.4th 521.