Judge: Armen Tamzarian, Case: 20STCV09282, Date: 2023-10-19 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 20STCV09282    Hearing Date: October 19, 2023    Dept: 52

Cross-Defendant Aram Sharnazyan’s Motion to Reopen Discovery and Continue Trial

Cross-defendant Aram Sharnazyan moves to reopen discovery and continue the trial.

Reopening discovery may be unnecessary.  The court has continued the trial several times.  Each time, the discovery deadlines were continued to follow the trial date either pursuant to the court’s order, the parties’ stipulation, or under Code of Civil Procedure section 599.  As a result, the current discovery cutoff is October 30, 2023, 30 days before the trial date of November 29.  (CCP § 2024.020(a).) 

Assuming the discovery deadline has passed, Sharnazyan shows good cause to reopen discovery.  Code of Civil Procedure section 2024.050, subdivision (b) provides:

In exercising its discretion to grant or deny [a motion to reopen discovery], the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following:

(1) The necessity and the reasons for the discovery.

(2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier.

(3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party.

(4) The length of time that has elapsed between any date previously set, and the date presently set, for the trial of the action.

After weighing all the relevant matters, the court finds good cause to partially reopen discovery.  Cross-complainant did not serve Sharnazyan with the summons and cross-complaint until March 15, 2023.  Sharnazyan first appeared in this action on April 14, 2023.  When Sharnazyan propounded discovery in May 2023, cross-complainant Chronicpractor Caregiver, Inc.’s counsel responded that discovery already closed but offered to stipulate to reopen discovery.  (Nu Decl., ¶ 2, Ex. 1.)  The parties operated as if discovery had closed but did not ultimately enter a stipulation to reopen it.  (Nu Decl., ¶¶ 3-5, Exs. 2-3.)  Sharnazyan had no fair opportunity to conduct discovery necessary to prepare for trial. 

Sharnazyan diligently sought to conduct the discovery.  He propounded discovery shortly after appearing in the action.  When cross-complainant’s counsel asserted that discovery already closed, Sharnazyan met and conferred about reopening discovery.  Sharnazyan filed this motion within a reasonable time after it became clear that the parties would not all stipulate to reopen discovery,

Reopening discovery will likely prevent the case from going to trial as scheduled on November 29, 2023.  Sharnazyan, however, shows good cause to continue the trial.  Though years have passed since the initial trial date, Sharnazyan was not served with the cross-complaint until three years after plaintiff filed this action.  When Sharnazyan tried to conduct discovery, cross-complainant stated it would not respond unless discovery was reopened. 

 In these circumstances, Sharnazyan shows good cause to reopen discovery (if necessary) and to continue the trial.

Disposition

Cross-defendant Aram Sharnazyan’s motion to reopen discovery and continue trial is granted.  The court hereby reopens discovery.  The court hereby continues the final status conference from November 15, 2023, to May 13, 2024, at 9:00 a.m.  The court hereby continues the non-jury trial from November 29, 2023, to May 29, 2024, at 10:00 a.m.  The court hereby continues all pretrial deadlines to follow the new trial date.