Judge: Lee W. Tsao, Case: 22NWCV01038, Date: 2025-04-24 Tentative Ruling

Case Number: 22NWCV01038    Hearing Date: April 24, 2025    Dept: F

Rios v. Mesa Imports, LLC 22NWCV01038

This lemon law action was filed on October 18, 2022. 

The Final Status Conference is scheduled for today at 9:30 a.m. Trial is scheduled to begin on May 8, 2025. 

Defendants Volkswagen Group of America, Inc. ("VWGOA") and Mesa Imports, LLC ("Mesa") (collectively "Defendants") now move ex parte to continue trial and expert witness discovery deadlines for at least 90 days, or to a date that is convenient to the Court's calendar. "Defendant seeks a short trial continuance of at least 90 days to allow the Parties to complete expert witness discovery without severely impacting the Court's schedule. The short continuance can also allow the Parties to settle the matter prior to trial." (Ex Parte 3: 3-5.) 

Defendants' Ex Parte Application to Continue Trial and Expert Witness Discovery Deadlines for at least 90 days 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 discovery cutoff date for expert discovery is on or before the 15^th day prior to trial. (CCP 2024.030). The Trial date is May 8, 2025. That means that all expert discovery should have been completed on or before Wednesday, April 23, 2025. 

The expert discovery cutoff date closed yesterday, April 23, 2025. At this time, there are no motions to compel expert discovery scheduled to be heard.  Also, no motion to reopen discovery has been filed. 

Defendants 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. 

Where the expert discovery cutoff is closed, and no motion to reopen the discovery cutoff has been filed or scheduled, Defendants fail to establish good cause for a trial continuance at this time.

Moving Party to give notice.