Judge: Lisa R. Jaskol, Case: 20STCV36668, Date: 2024-02-01 Tentative Ruling

Case Number: 20STCV36668    Hearing Date: February 1, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On September 24, 2020, Plaintiff Moataz B. Jarideh (“Plaintiff”) filed this action against Defendants Lardas Management Inc. dba McDonald’s Restaurant Inc., Carlos Altamirano, Danashta Ambrosia Foster, Derik Mitchell Foster, and Does 1-50 for general negligence, premises liability, negligent hiring, training, retaining and supervising of employees and agents, assault, and battery. 

On October 26, 2020, Defendant Lardas Management, Inc. (erroneously sued as Lardas Management Inc. dba McDonald’s Restaurant Inc.) filed an answer. 

On March 17, 2021, Plaintiff amended the complaint to change the name of Defendant Danashta Ambrosia Foster, which was incorrect, to Danashia McAdoo (“McAdoo”), the correct name. 

On June 16, 2022, the clerk entered McAdoo’s default. 

On January 3, 2024, the Court granted in part Plaintiff’s ex parte application to continue the trial and continued the trial from February 8, 2024 to May 31, 2024.  The Court denied without prejudice the request to continue or reopen discovery. 

On January 9, 2024, Plaintiff filed a motion to reopen discovery to be heard on February 1, 2024.  Defendants have not filed an opposition. 

Trial is currently scheduled for May 31, 2024. 

PARTY’S REQUEST 

Plaintiff requests that the Court reopen discovery to correspond to 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.) 

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 

Plaintiff requests the Court re-open all discovery and related dates to correspond to the current trial date of May 31, 2024. Plaintiff states that he needs to conduct additional discovery and obtain a new restaurant expert due to a conflict with Plaintiff’s current expert. 

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 31, 2024 trial date. 

CONCLUSION 

The Court GRANTS Moataz B. Jarideh’s motion to reopen discovery. Discovery and related dates and deadlines will be based on the May 31, 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.