Judge: Lisa R. Jaskol, Case: 19STCV37290, Date: 2023-08-10 Tentative Ruling
Case Number: 19STCV37290 Hearing Date: February 26, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On October 18, 2019, Plaintiff Luis Cermeno Barrera (“Plaintiff”) filed this action against Defendants Abdullah Almughamis (“Defendant”), Alamo Rent-A-Car, LLC, Alamo Rental (US) LLC, and Does 1-50 for negligence.
On August 19, 2021, the Court dismissed Alamo Rental (US) LLC without prejudice at Plaintiff’s request.
On September 29, 2021, the Court sustained the demurrer filed by Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC, erroneously sued and served as Alamo Rent-A-Car, LLC, with leave to amend.
On December 3, 2021, Defendant filed an answer.
On January 26, 2022, the Court dismissed Alamo Rent-A-Car, LLC, and Enterprise Rent-A-Car Company of Los Angeles, LLC, erroneously sued as Alamo Rent-A-Car, LLC, without prejudice.
On December 15, 2023, Defendant filed a motion to reopen discovery, to be heard on February 26, 2024. Plaintiff has not filed an opposition.
Trial is currently scheduled for May 10, 2024.
PARTY’S REQUEST
Defendant asks the Court to reopen discovery to match the current trial date.
LEGAL STANDARD
Code of Civil Procedure section 2024.020 provides:
“(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.”
(Code Civ. Proc., § 2024.020.)
Code of Civil Procedure section 2024.050 provides:
“(a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
“(b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following:
“(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.
“(c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to extend or to reopen discovery, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”
(Code Civ. Proc., § 2024.050.)
DISCUSSION
Defendant asks the Court to reopen discovery because Defendant needs to conduct additional discovery. The Court has considered the factors listed in Code of Civil Procedure section 2024.050 and grants the motion to reopen discovery. Discovery and all related dates will be based on the May 10, 2024 trial date.
CONCLUSION
The Court GRANTS Defendant Abdullah Almughamis’s motion to reopen discovery. Discovery and related dates and deadlines will be based on the May 10, 2024 trial date.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.