Judge: Lindsey E. Martinez, Case: 2020-01144491, Date: 2022-08-01 Tentative Ruling

Insight

The motions are DENIED without prejudice.

This case demonstrates a textbook example of how the lack of cooperation among counsel needlessly complicates litigation. Plaintiffs are correct that Defendant failed to cooperate with providing discovery. This delay prejudiced Plaintiff’s designation of experts.

While Plaintiffs’ motion is generally meritorious, Plaintiff failed to comply with the requirements of Code Civ. Proc., §§ 2034.610 and 2034.620. The identity of the new experts apparently has not been disclosed.

To complicate matters further, Plaintiffs have been unable to depose Attorney Ali Salamirad, the PMK for Defendant SMTD Law, LLP. Due to his hospitalization, a continuance of the deposition is appropriate. This delay in discovery would also appear to require a continuance of the trial date, which is currently set for 9/22/22. (CRC Rule 3.1332 (c)(6) [There is good case to continue the trial when a “party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.”].)

The Court’s solution is to order the parties to meet and confer to resolve these issues to facilitate the timely trial of this case being tried on the merits. The parties shall meet and confer regarding (1) a date for Plaintiffs to serve an augmented expert witness disclosure, (2) a date for the deposition of Attorney Ali Salamirad, (3) a continued trial date in 2023. Within fifteen (20) days of service of this order, the parties shall submit to the Court a proposed Stipulation or, in the alternative, a Stipulation and Joint Report regarding any issues that cannot be resolved. The parties are encouraged in the strongest possible terms to resolve all outstanding issues by stipulation.

Clerk to give notice.