Judge: Steven A. Ellis, Case: 20STCV30531, Date: 2025-01-24 Tentative Ruling

Case Number: 20STCV30531    Hearing Date: January 24, 2025    Dept: 29

Carreto v. Adams
20STCV30531
Motion to Reopen Discovery filed by Defendant Darvin Chochon.

Tentative

The motion is denied without prejudice on procedural grounds.

Background

On August 12, 2020, Eleazar Carreto Lopez (“Plaintiff”) filed a complaint against Thompson Adams (“Adams”) and Does 1 through 10, asserting causes of action for general negligence and premises liability arising out of an incident on October 20, 2019 in which Plaintiff alleges that he was injured while trimming hedges with an electric hedge trimmer.

On October 7, 2020, Adams filed an answer.

On February 13, 2024, Plaintiff amended the complaint to name Darvin Chochon (“Chochon”) as Doe 10.

On October 18, 2024, Chochon filed an answer.

Trial has been continued on a number of occasions.  At one point, the trial was set for October 23, 2024.

On October 22, 2024, the Court continued the trial to March 11, 2025. The Court did not, however, extend any discovery deadlines.

On November 21, 2024, the Court denied Defendant Chochon’s ex parte application to reopen discovery.

On December 9, 2024, Department 32 was closed, and this case was reassigned to Department 29.

On December 20, 2024, Defendant Chochon filed this motion to reopen discovery. Defendant Adams filed an opposition on January 10. No reply has been filed.

Legal Standard

“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.”¿ (Code Civ. Proc., § 2024.050, subd. (a).)¿ 

“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.” (Code Civ. Proc., § 2016.040.)

¿¿ 

“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, subd. (b)(1)-(4).)¿¿¿ 

“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, subd. (c).)¿¿¿ 

Discussion

A motion to reopen discovery must be accompanied by a meet and confer declaration.  (Code Civ. Proc., § 2024.050, subd. (a).)  That is a mandatory, statutory requirement.

Defendant Chochon filed this motion but did not attach or otherwise file a meet and confer declaration.

Accordingly, the Court must deny the motion without prejudice on procedural grounds.

Conclusion

The Court DENIES WITHOUT PREJUDICE Defendant Darvin Chochon’s motion to reopen discovery.

Moving Party is ordered to give notice.