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What can I do if I have trial coming up in April and no

Customer Question
request for documentation or deposition...
What can I do if I have trial coming up in April and no request for documentation or deposition was ever started? I want to ask for documentation, but I was informed it was too late to request those things.
Submitted: 3 months ago.Category: CA Real Estate
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Answered in 13 minutes by:
3/21/2018
Lawyer: legalgems, attorney replied 3 months ago
legalgems
legalgems, attorney
Category: CA Real Estate
Satisfied Customers: 13,597
Experience: Just Answer consultant at Self employed
Verified

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 3 months ago

Per CCP 2024.050 the party may petition the court to reopen discovery if there are grounds for doing so:

2024.050.

(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.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2024.050.&lawCode=CCP

This is in agreement with case law - for example, Beverly Hospital v. Superior Ct 19 CA4th 1291

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Customer reply replied 3 months ago
Thank you. Do you know the deadline for requesting a deposition before trial?
Lawyer: legalgems, attorney replied 3 months ago

I believe I just responded to your other question on a different thread.

Please let me know if you have further questions on the above!

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Lawyer: legalgems, attorney replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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