Judge: Lisa R. Jaskol, Case: 22STCV28871, Date: 2024-01-18 Tentative Ruling
Case Number: 22STCV28871 Hearing Date: January 18, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 2, 2022, Plaintiff Peter Delillo (“Plaintiff”) filed this action against Defendants Trevor Wilkerson, Brenden William Hester, Air Control Systems, Inc. (“Air Control”), North Shore SVCS, Jaquelyn Bedoya, and Does 1-50 for negligence.
On December 14, 2023, Air Control filed an answer.
On December 21, 2023, the Court granted Air Control’s ex parte application to continue the trial from March 1, 2024 to September 4, 2024. The Court denied without prejudice Air Control’s request to continue or reopen discovery to trail the new trial date.
On December 27, 2023, Air Control filed a motion to extend the discovery and expert discovery cutoff dates, to be heard on January 18, 2024. No party has filed an opposition.
Trial is currently scheduled for September 4, 2024.
PARTY’S REQUEST
Air Control requests that the Court extend the discovery and expert discovery cutoff dates to match 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.
(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 the motion to extend the discovery and expert discovery cutoff dates. Discovery and expert discovery cutoff dates and related deadlines will be based on the September 4, 2024 trial date.
CONCLUSION
The Court GRANTS Defendant Air Control Systems, Inc.’s motion to extend the discovery and expert discovery cutoff dates. Discovery and expert discovery cutoff dates and related deadlines will be based on the September 4, 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.