Judge: Gary Y. Tanaka, Case: 21STCV05201, Date: 2023-04-11 Tentative Ruling

Case Number: 21STCV05201    Hearing Date: April 11, 2023    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka                                                                                                                                   Tuesday, April 11, 2023

Department B                                                                                                                                                                     Calendar No. 5

PROCEEDINGS

Liam Umer, et al. v. Newvac Lift, LLC, et al.

            21STCV05201

1.      Liam Umer, et al.’s Motion for Protective Order    

TENTATIVE RULING

            Liam Umer, et al.’s Motion for Protective Order is denied.

Background

Plaintiffs filed the Complaint on February 9, 2021.  Plaintiffs allege the following facts. Plaintiffs were on the premises located at 441 23rd Street, Manhattan Beach, CA 90266.  Plaintiff Liam Umer, a minor, was using an elevator installed by Defendants R.D. Waldman Construction, Inc.  Plaintiff Liam Umer’s left arm was caught on the metal framing of the PVE vacuum elevator causing him to suffer injuries to his left arm and hand.

Motion for Protective Order

Code Civ. Proc., § 2024.020 states:

“(a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.

(b) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings.”

Pursuant to CCP § 2024.020(a), the deadline for hearings on discovery motions is fifteen days before trial. The pertinent trial date in this case, for purposes of the discovery motion cutoff date, was August 9, 2022. Although the trial date was continued to July 24, 2023, and again to November 28, 2023 (non-expert) discovery was not reopened, and the (non-expert) discovery cutoff date did not correspond to this new trial date.  Pursuant to the stipulation entered into by the parties on July 14, 2022, only expert discovery deadlines corresponded to the continued date of July 24, 2023. In addition, when the trial date was continued again to November 28, 2023, the Court made no mention that discovery deadlines would correspond to the new trial date.

Thus, Plaintiff’s Motion for Protective Order is denied as it is being heard past the discovery motion cutoff date.

Defendant Waldman Construction, Inc. is ordered to give notice of this ruling.