Judge: Lisa R. Jaskol, Case: 20STCV08311, Date: 2024-02-02 Tentative Ruling
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Case Number: 20STCV08311 Hearing Date: February 2, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On February 27, 2020, Plaintiff Dohana Pantaleon (“Plaintiff”) filed this action against Defendants 99 Cents Only Stores (“99 Cents”), Shandong Glassware (“Shandong”), and Does 1-20 for general negligence, products liability, and premises liability. On October 26, 2021, Plaintiff amended the complaint to include Defendants Zibo Ocean Far Light Industry Products Co., Ltd as Doe 1 and Zibo Ocean Far Light Industry Products Co., Ltd as Doe 2.
On June 2, 2020, 99 Cents filed an answer and a cross-complaint against Shandong and Joes 1-50 for breach of contract, express indemnity, implied indemnity, equitable indemnity, contribution, and declaratory relief. On October 4, 2021, 99 Cents amended the cross-complaint to include Cross-Defendants Zibo OceanFar Light Industry Products Co., Ltd as Joes 1 and Zibo OceanFar International Trade Co., Ltd as Joes 2. On March 14, 2023, 99 Cents amended the complaint to add Cross-Defendant Shandong Jusheng Glass Product Company Limited as Joes 3.
On May 25, 2022, Cross-Defendants Zibo Oceanfar International Trade Co., Ltd. and Zibo Oceanfar Light Industry Products Co., Ltd filed an answer to the cross-complaint. On August 16, 2022, Shandong filed an answer to the cross-complaint.
On August 2, 2022, Defendants Zibo Oceanfar International Trade Co., Ltd. and Zibo Oceanfar Light Industry Products Co., Ltd. filed an answer to the complaint. On November 14, 2022, Shandong filed an answer to the complaint.
On December 21, 2023, 99 Cents filed a motion to continue the trial and all trial-related discovery and motion cut-off dates. The Court continued the hearing on the motion from January 22, 2024 to February 2, 2024. No party has filed an opposition.
Trial is currently scheduled for February 26, 2024.
PARTY’S REQUESTS
99 Cents requests that the Court continue trial to October 21, 2024, and continue or reopen discovery and motion cut-off dates.
LEGAL STANDARD
A. Request to continue trial
California Rules of Court, rule 3.1332(b), provides that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”
Under California Rules of Court, rule 3.1332(c), the Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include “a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts,” or the unavailability of a party, counsel, or expert due to death, illness or other excusable circumstance. The Court should consider all facts and circumstances relevant to the determination, such as proximity of the trial date, prior continuances, prejudice suffered, whether all parties have stipulated to a continuance, and whether the interests of justice are served. (Cal. Rules of Court, rule 3.1332(d).)
B. Request to continue or reopen discovery
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.)
Code of Civil Procedure section 2016.040 provides: “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.”
DISCUSSION
The Court finds good cause and grants the request to continue the trial based on the delays caused by the need to comply with the Hague Convention requirements. In addition, 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 trial-related dates will be based on the new trial date.
CONCLUSION
The Court GRANTS Defendant 99 Cents Only Stores’s motion to continue the trial and related dates. The Court continues the trial to October 21, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse. The Final Status Conference is continued to October 7, 2024, at 10:00 a.m. in Department 28 of the Spring Street Courthouse. Discovery and all trial-related deadlines will be based on the new trial date.
Moving party is ordered to give notice of this ruling.
Moving party is to file a proof of service of this ruling within five days.