15CV-01173 Jose Villaneuva vs. DLP Real Estate, Inc., et al.

Motion to Reopen Discovery

Defendant DLP Real Estate, Inc.’s motion to reopen discovery is GRANTED. In ruling on this motion, the Court has considered the factors under Code of Civil Procedure section 2024.050, subdivision (b) as well as plaintiff’s delay in providing further verified discovery responses. The statutory deadlines to complete discovery and have discovery motions heard shall be calculated from the trial date of August 14, 2018.

Since the present motion is noticed as a motion to reopen discovery pursuant to Code of Civil Procedure section 2024.050(a), the Court declines to rule on defendant’s request in the reply brief for relief under Code of Civil Procedure section 473(b) or to treat the present motion as a motion to augment or amend an expert witness list.

The prevailing party is directed to prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court. The order is to be submitted electronically to Hon. Brian McCabe, Courtroom 8.

Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.7

Plaintiff Jose Villanueva’s motion for sanctions pursuant to Code of Civil Procedure section 128.7 against attorney Nathan Malone for filing defendant’s motion to reopen discovery is DENIED. In addition to the procedural defect of failing to provide the required 21-day safe harbor under subdivision (c), section 128.7 does not apply to discovery motions. (Code Civ. Proc., § 128.7, subd. (g).)