Judge: Lee S. Arian, Case: 22STCV06290, Date: 2024-06-03 Tentative Ruling

Case Number: 22STCV06290    Hearing Date: June 3, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO CONTINUE ALL RELATED DATES TO FOLLOW THE NEW TRIAL DATE 

Hearing Date: 6/3/24 

CASE NO./NAME: 22STCV06290 DOROTHY LEICHMAN vs EL SEGUNDO AVALON SHOPPING

Moving Party: Defendant El Segundo Avalon Shopping Center

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION TO CONTINUE ALL RELATED DATES TO FOLLOW THE NEW TRIAL DATE IS GRANTED 

Legal Standard

The reopening of discovery is a matter that is committed to the trial court’s sound discretion.¿ (Code Civ. Proc., § 2024.050(a), (b).)¿ In exercising that discretion, the trial court considers “any matter relevant to the leave requested,” including:

(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.

(Code Civ. Proc., § 2024.050(b).)

Discussion

On February 22, 2023, Plaintiff filed the present trip and fall accident lawsuit against four defendants, including Defendant El Segundo Avalon Shopping Center. Defendant Avalon filed its answer on April 3, 2023. Plaintiff passed away in 2023 and consequently Defendant has not received any responses to its discovery requests. No motion for substitution of the deceased Plaintiff for a descendant’s personal representative or successor in interest has been filed. As a result, Defendant has not been able to conduct any discovery and Defendant now moves the court to have the current discovery cut off date to follow the new trial date of October 10, 2024. Plaintiff did not file an opposition.

Since it filed its answer in April 2023, Defendant had approximately one year to conduct discovery. This timeframe was further limited by the Plaintiff’s passing and a lack of a substitution, which severely hindered Defendant's ability to proceed with discovery. In light of these circumstances, it is reasonable for Defendant to request additional time to conduct further discovery in order to adequately prepare a defense. Defendant has shown good cause, and the court grants Defendant’s motion. All trial-related deadlines are to follow the current trial date set for October 10, 2024.

PLEASE TAKE NOTICE: 

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.