Judge: Lisa R. Jaskol, Case: 21STCV08765, Date: 2023-08-07 Tentative Ruling
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Case Number: 21STCV08765 Hearing Date: December 13, 2023 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On March 5, 2021, Plaintiff Dawn Marie-Larkin Souther (“Plaintiff”) filed this action against Defendants Realty Center Management, Inc. (“Realty”), Americana La Crescenta LLC (“Americana”), and Does 1-10 for general negligence and premises liability.
On April 13, 2021, Realty and Americana (“Defendants”) filed an answer.
On October 18, 2023, Defendants filed a motion to continue the trial, to be heard on December 13, 2023. No opposition has been filed.
On October 19, 2023, the Court granted in part and denied in part Defendants’ ex parte application to continue the trial and related dates. The Court continued the trial from December 22, 2023 to June 24, 2024. The Court denied the request to continue or reopen discovery deadlines without prejudice. The Court left on calendar the December 13, 2023 hearing to address Defendants’ request to continue or reopen discovery.
Trial is currently scheduled for June 24, 2024.
PARTIES’ REQUESTS
Defendants request that the Court continue or reopen discovery to trail the new June 24, 2024, 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
In their October 18, 2023 motion to continue trial and related dates, Defendants explained why they needed to conduct additional discovery to prepare for trial despite their diligence. The attached declaration from counsel demonstrated counsel had engaged in meet and confer efforts concerning the discovery.
The
Court finds that the October 18, 2023 motion satisfies the requirements of Code
of Civil Procedure section 2024.050. The
Court therefore grants the request to reopen discovery.
CONCLUSION
The Court GRANTS the request of Defendants Realty Center Management, Inc. and Americana La Crescenta LLC to reopen discovery. Discovery is reopened and will trail the June 24, 2024 trial date.
Moving parties are ordered to give notice of this ruling.
Moving parties are ordered to file the proof of service of this ruling with the Court within five days.