Judge: Lisa R. Jaskol, Case: 21STCV05805, Date: 2024-02-01 Tentative Ruling
Case Number: 21STCV05805 Hearing Date: February 1, 2024 Dept: 28
Having
considered the moving, opposing and reply papers, the Court rules as follows.
BACKGROUND
On February 16, 2021, Plaintiff Peter Valdes (“Plaintiff”) filed this action against Defendants Costco Wholesale Corporation (“Defendant”) and Does 1-50 for general negligence and premises liability.
On March 26, 2021, Defendant filed an answer.
On November 22, 2023, Plaintiff filed a motion to reopen discovery to be heard on February 1, 2024. On January 19, 2024, Defendant filed an opposition. On January 25, 2024, Plaintiff filed a reply.
On December 23, 2023, the Court granted in part Plaintiff’s ex parte application to continue the trial and continued the trial from February 6, 2024 to May 14, 2024. The Court denied without prejudice the request to continue or reopen discovery to correspond to the new trial date.
Trial is currently scheduled for May 14, 2024.
PARTIES’ REQUESTS
Plaintiff requests that the Court reopen discovery to correspond to the current trial date.
Defendant requests that the Court deny the motion.
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 that the Court re-open discovery and related dates to correspond to the current trial date of May 14, 2024 because Plaintiff needs to conduct additional discovery.
Defendant argues Plaintiff failed to meet and confer before filing the motion, Plaintiff has not been diligent in pursuing discovery, and the motion is unnecessary because Defendant has now produced the discovery which Plaintiff seeks.
The Court finds that the emails which Plaintiff has attached to his motion as Exhibit A demonstrate that Plaintiff engaged in met and confer efforts concerning the discovery which Plaintiff requests. In addition, Plaintiff has shown sufficient diligence to justify relief. And Plaintiff asserts that Defendant has not produced all of the responsive information that Plaintiff requested.
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 14, 2024 trial date.
CONCLUSION
The Court GRANTS Plaintiff Peter Valdes’s motion to reopen discovery. Discovery and related dates and deadlines will be based on the May 14, 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.