Judge: Elaine Lu, Case: 22STCV05276, Date: 2023-10-27 Tentative Ruling

Case Number: 22STCV05276    Hearing Date: March 13, 2024    Dept: 26

Defendants/Cross-Complainants SFV PORTFOLIO 14612-14654 BLYTHE OWNER LP, SFV PORTFOLIO G.P. LLC, and ENCORE 14612-14654, BLYTHE LLC's ex parte application to continue the trial is continued to March 18, 2024.

Moving parties fail to indicate in their ex parte application whether they have met and conferred with all other parties in this action as to their availability for trial on the new date that Moving Parties propose -- August 12, 2024.

More importantly, the Court notes that on October 27, 2023, it already previously granted a continuance of the trial date.  Prior to the Court granting the parties' stipualtion for that continuance, the parties stipulated in open court to a discovery plan as follows: "(2) The parties have propounded and responded to Form Interrogatories, Production of Documents, and Special Interrogatories, Set One.  (3) The parties have agreed to essential pre-mediation discovery, including depositions of heads of household on November 21, 28, December 1 and December 7; Defendants’ PMKs and managers on December 8, 12, 13, 14 and 15th.  (4) The parties shall participate in private mediation on December 21, 2023.  (5) The parties further agree to exchange experts on March 22, 2024, with supplemental expert disclosures due April 5, 2024. The parties can therefore complete fact discovery in January 2024, February 2024 and March 2024, and timely complete expert discovery in April 2024 in time before the May 6, 2024 trial date."  (10/27/23 Minute Order.)  On October 27, 2023, the Court adopted the parties' stipulated discovery plan and ordered that the parties adhere to it.  

In their ex parte application, Moving Parties appear to overlook that the parties expressly stipulated to complete fact discovery in January, February, and March 2024 and to complete expert discovery in April 2024 according to their stipulated discovery plan.  Moving Parties fail to address: (1) whether the parties adhered to the discovery plan to which they stipulated on October 27, 2023, (2)i if so, why a continuance is necessary, and (3) if not, why the parties did not adhere to their stipulated discovery plan and why the Court should deem that they have pursued discovery with diligence despite their failure to adhere to their stipulated discovery plan.

In short, Moving Parties fail to explain why their predecessor in this action had insufficient time to complete discovery.  Moving Parties fail to demonstrate that they and their prior counsel have exercised diligence in pursuing discovery.  Moving parties also fail to articulate precisely what discovery the parties must still pursue before announcing ready for trial (including naming witnesses to be deposed and written discovery to be propounded and responded to).  

No later than March 15, 2024, Moving Parties must file and serve supplemental papers addressing the defects above.  Failure to do so will result in denial of the instant ex parte.  Ideally,

Moving Parties will also file a stipulation signed by all parties and proposed order (a) making clear that all parties have confirmed the proposed new trial date -- August 12, 2024 or another stipulated date -- with all of their witnesses and tiral counsel, and (b) setting forth a firm discovery plan identifying all witnesses by name who must still be deposed, the stipulated date for deposition for each such witness, and any remaining written discovery and the due dates for such written discovery.

Prior to the continued ex parte application hearing, the parties should file a stipulation that identifies all discovery that still must be completed and all motions that must be heard prior to the parties announcing ready for trial, including witnesses who must be deposed identified by name and all written discovery to be exchanged.  The stipulation must set forth a joint discovery plan with stipulated firm dates for all witnesses (including experts) who remain to be deposed (identified by name), as well as deadlines for exchange of written discovery.  If any written discovery must be propounded prior to the parties announcing ready for trial, the parties must serve and propound all such written discovery prior to the parties filing a renewed stipulation to continue the trial. 

 Moving Parties are to give electronic notice to all parties.