REZA KALANTARI VS VICTORIA LINDA ROBLES ET AL

Tentative Rulings

Case Number: ****5493    Hearing Date: January 02, 2020    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO REOPEN PERCIPIENT DISCOVERY

On December 5, 2017, plaintiff Reza Kalantari filed this action against defendants Victoria Linda Robles (“Victoria”) and Rangsima Robles for injuries and damages from a May 11, 2017 automobile collision. Plaintiff was rear-ended by a vehicle driven by Victoria. Plaintiff seeks to reopen percipient discovery to find, subpoena, and depose Victoria’s passenger at the time of the accident.

Except as otherwise provided, 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 trial of the action. (Code Civ. Proc., ; 2024.020, subd. (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. (Code Civ. Proc., ; 2024.050, subd. (a).) The court shall take into consideration any matter relevant to the leave requested, including, but not limited to: (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, and (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).)

Victoria’s passenger, Alberto Lugo, were co-workers at the time of the accident. Victoria identified him at her Victoria’s deposition on August 5, 2019. Since then, Plaintiff has been trying to locate him. Plaintiff states he tried to subpoena the custodian of records at UCLA and Lugo’s last place of employment to obtain his address but could not serve the Notice of Consumer on Lugo because his address was unknown. Instead, Plaintiff now states he will take the deposition of these custodians of record to discover Alberto’s address.

Trial is currently scheduled for March 6, 2020. The limited discovery into Lugo’s address and Lugo’s deposition may be completed before trial. The Court GRANTS Plaintiff’s motion to reopen discovery limited to discovery to locate and depose Lugo. The cutoff date for completing this discovery is February 21, 2020.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.