Judge: Lisa R. Jaskol, Case: 21STCV43243, Date: 2023-09-18 Tentative Ruling

Case Number: 21STCV43243    Hearing Date: January 3, 2024    Dept: 28

Having considered the moving, opposing, and reply papers, the Court rules as follows. 

BACKGROUND 

On November 23, 2021, Plaintiff Renee Jenkins (“Plaintiff”) filed this action against Defendants Benjamin Joel Moscosopalma (“Moscosopalma”), New World Drayage, Inc. (“New World”), and Does 1-10 for negligence and negligence per se. 

On March 14, 2022, New World filed an answer. 

On April 28, 2023, Moscosopalma filed an answer. 

On September 29, 2023, the Court granted in part Plaintiff’s ex parte application to continue the trial and continued the trial from October 23, 2023 to April 10, 2024.  The Court denied without prejudice Plaintiff’s request to continue or reopen discovery. 

On October 19, 2023, Plaintiff filed a motion to reopen discovery and for sanctions.  On December 19, 2023, New World and Moscosopalma (“Defendants”) filed an opposition and request for sanctions.  On December 27, 2023, Plaintiff filed a reply. 

Trial is currently scheduled for April 10, 2024. 

PARTIES’ REQUESTS 

Plaintiff requests that the Court reopen discovery. 

Defendants request 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 

          The Court has considered the factors listed in Code of Civil Procedure section 2024.050 and grants Plaintiff’s motion to reopen discovery.  Discovery is reopened and will be based on the current April 10, 2024. trial date. 

          The Court denies Plaintiff’s and Defendants’ requests for sanctions because both sides have acted with substantial justification. 

CONCLUSION 

The Court GRANTS Plaintiff Renee Jenkins's motion to reopen discovery.  Discovery is reopened and will be based on the current April 10, 2024, trial date. 

The Court DENIES Plaintiff Renee Jenkins’s request for sanctions. 

The Court DENIES the request for sanctions of Defendants Benjamin Joel Moscosopalma and New World Drayage, Inc. 

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.