Judge: Lee W. Tsao, Case: 22NWCV00423, Date: 2025-04-25 Tentative Ruling

Case Number: 22NWCV00423    Hearing Date: April 25, 2025    Dept: F

Ramirez v. Regalado 22NWCV00423

This action for breach of contract was filed by Plaintiff Carlos A. Ramirez ("Ramirez") against Defendant Ulises Yaroslav Gonzalez Regalado ("Regalado") and DOES 1 through 100 on June 1, 2022.

Ulises Yaroslav Gonzalez Regalado, as an individual, and as a shareholder of Casa De Cafe, Inc. filed a Cross-Complaint against Cross-Defendants Carlos A. Ramirez; Guillermo Estrado Prado; Case De Care Inc. and Roes 1 through 100 inclusive on November 7, 2022. 

On October 14, 2024, Plaintiff Ramirez's Complaint was dismissed without prejudice against Defendant Regalado. 

On November 6, 2024, Cross-Defendants Carlos Ramirez and Guillermo Prado's Answers to the Cross-Complaint were stricken. To date, the Court's docket does not reflect that defaults have been sought or entered against Cross-Defendants Ramirez and Prado.

Trial is scheduled to begin on May 21, 2025. There are four discovery motions, two motions to be relieved as counsel, and one motion for leave to amend the Cross-Complaint scheduled to be heard after trial. 

The Motion for Leave to Amend the Cross-Complaint is scheduled to be heard on Tuesday, December 2, 2025. 

Defendant/Cross-Complainant Regalado now moves ex parte to continue trial to a date in May 2026; or alternatively to date in December 2025 and to advance the Motion for Leave to Amend the Cross-Complaint to ensure that the Motion for Leave to Amend the Cross-Complaint is heard before trial. 

Defendant/Cross-Complainant Regalado's Ex Parte Application to Continue Trial is GRANTED pursuant to CRC Rule 3.1332(c)(7)- a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial. Due to Regalado's pending Motion for Leave to Amend the Cross-Complaint, the pleadings are not settled and this case is not ripe for trial. Depending on the Court's and parties' availabilities, a continuance of trial to a date on or after December 2025 is reasonable. The Court will confer with the parties to select new Final Status Conference and Trial Dates. 

The request to continue all discovery cutoff dates in accordance with the new trial date is DENIED without prejudice. The discovery cut-off date for regular discovery is "on or before the 30^th day" prior to the commencement of trial. (CCP 2024.020(a).)  The current trial date is May 21, 2025. That means that all discovery should have been completed on or before April 21, 2025. Discovery is closed, and to date, no Motion for Reopen Discovery has been filed or scheduled with the Court. The parties are not foreclosed from seeking leave to complete discovery pursuant to CCP 2024.050, which grants the Court discretion to complete, re-open, or otherwise control discovery past the cut-off dates upon taking into consideration: (1) the necessity of the discovery; (2) the diligence of the party seeking discovery; (3) the likelihood that the trial will have to be continued; and (4) the length of time elapsed between any date previously set, and the date presently set, for the trial. Any request to reopen discovery must be filed and served as a separately noticed motion, and must be accompanied by a meet and confer declaration under Section 2016.040. The contents of a motion to reopen discovery must comply with CCP §2024.050. 

The request to advance the hearing date on the Motion for Leave to Amend the Cross-Complaint is GRANTED. The Motion for Leave to Amend the Cross-Complaint is ADVANCED from Tuesday, December 2, 2025 to today's date and CONTINUED to Tuesday, July 1, 2025 at 9:30 a.m. in Dept. SE-C. Opposition and Reply to be filed and served per Code in accordance with the new hearing date. 

Moving Party to give notice.