Judge: Lisa R. Jaskol, Case: 21STCV45854, Date: 2023-08-29 Tentative Ruling
Case Number: 21STCV45854 Hearing Date: August 29, 2023 Dept: 28
Having considered the moving and ex parte papers, the Court rules as follows.
BACKGROUND
On December 16, 2021, Plaintiff Elsa Rhodes (“Plaintiff”) filed this action against the City of Covina ("Covina") and Does 1-30 for premises liability and personal injuries against a public entity under Civil Code section 3333 and Government Code sections 835, 835.2, 840.2, and 840.4.
On January 20, 2022, Covina filed an answer and a cross-complaint against Roes 1-100.
On April 7, 2022, Plaintiff amended the complaint to add Defendant Aft One LLC (“Aft One”) as Doe 1. On July 25, 2022, Plaintiff amended the complaint to add Defendant Bancomer Construction and Development as Doe 2. On August 15, 2022, Aft One filed an answer. On March 2, 2023, Bancomer Construction and Development, Inc. ("Bancomer") filed an answer.
On January 6, 2023, Covina amended the cross-complaint to add Cross-Defendants Aft One as Roe 1 and Bancomer as Roe 2. On March 9, 2023, Bancomer filed an answer.
On April 14, 2023, the Court granted Bancomer’s ex parte application to continue the trial and related dates. The Court continued the trial to October 13, 2023, with related dates to trail the new trial date.
On July 20, 2023, Covina filed a motion to continue the trial and related dates, set to be heard on August 29, 2023. No opposition was filed.
On August 18, 2023, Covina filed an ex parte application to continue the trial and related dates or, in the alternative, to advance the hearing on the motion to continue the trial and related dates. On August 18, 2023, the Court granted the ex parte application in part, continuing the trial to March 8, 2024. The Court denied without prejudice the ex parte request to extend or reopen discovery and left Covina's motion to continue trial and related dates on calendar for August 29, 2023 to address the request for an extension of discovery and pre-trial deadlines.
On August 24, 2023, the Court heard Bancomer’s ex parte application to continue motion and discovery deadlines. The court issued an order to show cause why Plaintiff’s counsel should not be sanctioned for failing to appear at the hearing and ordered Plaintiff’s counsel to appear on August 29, 2023 at 1:30 p.m. In addition, the Court granted Defendant and Cross-Defendant’s oral request to continue and reopen expert discovery. The Court ordered: “Expert discovery is continued to August 29, 2023. All matters regarding expert designation will be rescheduled on August 29, 2023.” The Court continued the hearing to August 29, 2023 at 1:30 p.m.
Trial is currently scheduled for March 8, 2024.
PARTIES’ REQUESTS
Covina requests that the Court continue trial and related discovery and motion completion dates to at least February of 2024.
Bancomer requests that the Court continue all discovery and motion deadline dates, currently aligned with the previous trial date of October 13, 2023, to align with the new trial date of March 8, 2024.
LEGAL STANDARD
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.”
DISCUSSION
Bancomer did not appear in this case until March 9, 2023. For this reason, and the reasons stated in Covina’s motion – including Covina’s multiple unsuccessful efforts to meet and confer with Plaintiff’s counsel – the Court grants Covina’s motion.
The Court has already continued the trial to March 8, 2024. The Court now grants Covina’s request to continue related discovery and motion completion dates to trail the March 8, 2024 trial date.
CONCLUSION
The Court GRANTS the motion of Defendant and Cross-Complainant City of Covina to continue the trial and related dates. The trial has already been continued to March 8, 2024. The final status conference has been continued to February 23, 2024. The Court now orders that related discovery and motion completion dates will trail the March 8, 2024 trial date.
The Court DENIES the ex parte application of Defendant Bancomer Construction and Development, Inc. to continue all discovery and motion deadline dates as moot.
Defendant and Cross-Complainant City of Covina is ordered to give notice of this ruling.
Defendant and Cross-Complainant City of Covina is ordered to file the proof of service of this ruling with the Court within five days.