Judge: Lisa R. Jaskol, Case: 21STCV20453, Date: 2024-01-31 Tentative Ruling
Case Number: 21STCV20453 Hearing Date: January 31, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On June 1, 2021, Plaintiff Jesunita Agasang (“Plaintiff”) filed this action against Defendants Nasreen Babu-Khan (“Defendant”) and Does 1-50 for negligence.
On January 27, 2023, Defendant filed an answer.
On December 22, 2023, the Court granted in part Defendant’s ex parte application to continue the trial and related dates. The Court continued the trial from February 6, 2024 to June 5, 2024 but denied without prejudice Defendant’s request to continue or reopen discovery and related pre-trial dates.
On January 5, 2024, Defendant filed a motion to reopen discovery to be heard on January 31, 2024. On January 16, 2024, Defendant filed a supplemental declaration. Plaintiff has not filed an opposition.
Trial is currently scheduled for June 5, 2024.
PARTY’S REQUEST
Defendant requests that the Court reopen discovery to correspond with 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 complete discovery concerning Plaintiff’s medical condition and treatment.
The Court has considered the factors listed in Code of Civil Procedure section 2024.050 and grants the motion to reopen discovery.
Discovery is reopened. Discovery and related deadlines will be based on the June 5, 2024 trial date.
CONCLUSION
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.