2017-00208491-CU-OE

Henry Vong vs. Western Dental Services, Inc.

Nature of Proceeding: Motion to Continue all Pre-Trial Statutory Deadlines

Filed By: Sohn, David

Plaintiff Henry Vong’s unopposed motion to continue all pre-trial statutory deadlines is granted.

In this wage and hour matter, Plaintiff’s motion to continue trial was granted on September 6, 2018. The November 13, 2018 trial date was re-set to October 7, 2019. The Presiding Judge’s order recognized Plaintiff’s inability to complete discovery despite diligent efforts but required Plaintiff to make a motion to continue discovery

related deadlines in this department.

For good cause, 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. (CCP § 2024.050(a).) In making such a finding, the Court considers the necessity and reasons for the discovery, the diligence of the party seeking the discovery, the likelihood that allowing the discovery will prevent the case from going to trial, the length of time between the previous trial date and the date presently set. (CCP § 2024.050(b).)Regan v. Lanet (1987) 197 Cal.App.3d 353, 361.

Here, the action was stayed for seven months between September 2017 and March 2018 to allow the parties to participate in an arbitration in another action with respect to an issue common to both actions. Plaintiff held off on discovery during that time. After the stay was lifted Plaintiff was diligent in pursuing discovery and was required to file multiple motions to compel which were granted by this Court. The parties are currently meeting and conferring with respect to some of Defendant’s responses. A continuance of the discovery deadlines will not prevent this case from going to trial. Again, trial is not until October 7, 2019 and Defendant will not be prejudiced by continuing discovery deadlines to track the new trial date.

In addition, there is good cause for the same reasons to tie any dates for dispositive motions to the new trial date.

The motion is granted.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.