Discovery Timing

[custer]

I am in California.

My trial was scheduled 2 months ago. One day before the trial it was postponed and the venue was changed. Now A new trial date was issued and I received

Plaintiffs interrogatories

and

Request for production of documents.

Per the CCP below, it seems to me that discovery is closed. How do I respond to this? Do I file a motion?

CODE OF CIVIL PROCEDURE

SECTION 2024.010-2024.060

2024.020. (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.

( Except as provided in Section 2024.050, a continuance or

postponement of the trial date does not operate to reopen discovery

proceedings.

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.

( 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.

© 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.

[FL4answer58]

I am in California.

My trial was scheduled 2 months ago. One day before the trial it was postponed and the venue was changed. Now A new trial date was issued and I received

Plaintiffs interrogatories

and

Request for production of documents.

Per the CCP below, it seems to me that discovery is closed. How do I respond to this? Do I file a motion?

How does the change in venue and time affect your defense?

Is it now a burden or do you feel it advantageous?

Do you want or need more discoveries?

If you feel it an advantage file for SJ - the plaintiff will have the burden of proof and will have to explain this mess and rely on existing documentary evidence.

If not prepare of more discovery, move to strike evidence. Set for MTD or in alternative SJ.

Are you asking how to file to stop further discovery?

[FL4answer58]

What reason did the Plaintiff present?

(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.

© 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.