Ruling on Submitted Matter

Cal. Super. - 2nd Dist.January 13, 2016

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 04:09:00 PM JUDICIAL OFFICER PRESIDING: Kent Kellegrew COUNTY OF VENTURA VENTURA DATE: 02/05/2018 DEPT: 21 CLERK: Art Alvara REPORTER/ERM: CASE NO: 56-2016-00477043-CU-FR-VTA CASE TITLE: Toczauer vs. Jacobi CASE CATEGORY: Civil - Unlimited CASE TYPE: Fraud EVENT TYPE: Ruling on Submitted Matter STOLO APPEARANCES STOLO Stolo The Court, having previously taken the Motion to Reopen Discovery under submission, now rules as follows: This Court has the discretion to reopen discovery under CCP §2024.050. In exercising its discretion, this Court must take into consideration, among other things: 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 dates previously set and the date presently set for the trial of the action. In addition to the above factors, the Court has considered the unique procedural history involved in this case. Namely, that the Court initially sustained a demurrer to the second amended complaint, vacated the original court date, while it was reconsidering its ruling on the demurrer, and then issued a final decision overruling the demurrer. The Court has also considered the fact that no new trial date has been designated in the case. After taking all of these matters under consideration, and seeing no prejudice to the defendant, the Court grants the Motion to Reopen Discovery. The Court hereby sets a trial date for August 13, 2018, at 1:30 p.m., in Dept. 21, and a mandatory settlement conference for July 16, 2018, at 1:30pm in Dept. 22. All motion cut-off dates and discovery cut-off dates shall run from the new trial date. Given the unique procedural history of the case, the Court notes that its ruling on the prior discovery motions in this matter should not be viewed in any way as limiting the discovery that either party may propound going forward. Finally, the Court declines to award any monetary sanctions to either party under CCP §2024.050(c). Clerk to give notice. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 02/05/2018 Page 1 DEPT: 21