Judge: Armen Tamzarian, Case: 20STCV47472, Date: 2023-04-19 Tentative Ruling

Case Number: 20STCV47472    Hearing Date: April 19, 2023    Dept: 52

Defendants/Cross-Complainants 7219-7225 West Sunset, LLC and Joseph Geoula’s Motion for Leave to Reopen Discovery

Defendants/cross-complainants 7219-7225 West Sunset, LLC and Joseph Geoula move 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.

Upon weighing all the relevant matters, the court finds good cause to partially reopen discovery. 

First, defendants did not identify the discovery they now seek, which obstructs consideration of “[t]he necessity and the reasons for the discovery.”  Their reply brief merely specifies the methods of discovery they plan to employ (Reply, p. 3), but not the information they seek to discover or the content of the discovery.  Defendants, however, conducted no discovery whatsoever before the discovery cutoff.  (Kazachki Decl., ¶ 2.)  Defendants have a legitimate need to do at least some discovery. 

Second, defendants fail to show diligence.  They argue only that their prior attorney abandoned them.  Even assuming that justifies their lack of diligence, current counsel Arbat, A Law Corporation entered the case in August 2022, but did not file this motion until March 10, 2023.  (They did, however, seek to continue the discovery cutoff date in their ex parte application to continue the trial.)  Defendants’ new counsel should have promptly sought to reopen discovery under Code of Civil Procedure section 2024.050.

Third, allowing further discovery is not likely to require continuing the trial date and is not likely to prejudice plaintiff/cross-defendant Outfront Media VW Communications, LLC.  The trial is set for August 16, 2023.  Defendants do not seek to continue it.  Plaintiff shows, at most, minimal prejudice resulting from defendants’ delay in conducting discovery.  Plaintiff argues it “will be required to expend additional resources responding to discovery and defending deposition which should have occurred years ago.”  (Opp., p. 9.)  Plaintiff does not argue, for example, that the passage of time has resulted in losing evidence.

Fourth, the current trial date is nearly a year and a half after the initial trial date.  Despite the time elapsed and defendants’ lack of diligence, the current trial date of August 16 still gives plaintiff/cross-defendant adequate time to prepare for trial.

The court will exercise its discretion to partially reopen discovery.  Defendants/cross-complainants may propound 10 special interrogatories, 10 requests for production, 10 requests for admission, and form interrogatories – general, Nos. 1.1, 15.1, 17.1, and 50.1 through 50.6.  Defendants/cross-complainants may conduct one deposition: the deposition of plaintiff’s person(s) most qualified, limited to 10 matters of examination and 10 document requests.   

The parties stipulated to reopening discovery only as to the second amended cross-complaint’s second cause of action for negligence.  The above limitations shall not apply to discovery regarding only cross-complainants’ second cause of action for negligence.

Disposition

Defendants/cross-complainants 7219-7225 West Sunset, LLC and Joseph Geoula’s motion to reopen discovery is granted in part.  The court hereby reopens discovery and permits defendants/cross-complainants to propound the following discovery: (1) 10 special interrogatories, (2) 10 requests for production, (3) 10 requests for admission, (4) form interrogatories – general, Nos. 1.1, 15.1, 17.1, and 50.1 through 50.6, and (5) the deposition of plaintiff’s person(s) most qualified, limited to 10 matters of examination and 10 document requests. 

Defendants/cross-complainants 7219-7225 West Sunset, LLC and Joseph Geoula shall propound all interrogatories, requests for production, and requests for admission no later than May 1, 2023.  The deadline to complete discovery pursuant to this order shall be 30 days before the trial date of August 16, 2023.