Generally

Absent an extension, discovery proceedings must be completed within thirty (30) days before the initial trial date (the "discovery period"). Discovery motions must be completed fifteen (15) days before the initial trial date. (Code of Civ. Proc. §§ 2024.020(a).)

Absent an extension, a postponement or continuance of the trial date does not extend the discovery period. (Code of Civ. Proc. §§ 2024.020(b).)

Extending Discovery

The discovery period can be extended or discovery can be reopened either by agreement of the parties, or in certain circumstances upon a party's motion. (Code of Civ. Proc. §§ 2024.050; 2024.060.)

In no case does an extension of the discovery date operate to obligate a court to postpone or continue the trial date. (Code of Civ. Proc. § 2024.060.)

Extension by Agreement by the Parties

The Parties to an action can agree to extend the time for discovery or discovery motions, or to re-open discovery if the trial date is postponed, provided:

• All parties affected agree to the extension;
• The agreement is formalized:
• "In a writing; with
• Specifying the new date on which the discovery period ends.

(Code of Civ. Proc. § 2024.060

Motion To Extend Discovery Cut-off Date

After the 30-day discovery period, any party can motion to complete discovery.(Code Civ. Pro. § 2024.050(a).)

Alternatively, any party can motion the court to order that the discovery period be extended so that the discovery period cutoff date is closer to the initial or postponed trial date. (Code Civ. Pro. § 2024.050(a).)

The motion must be accompanied by a "meet and confer declaration." (Code Civ. Pro. § 2024.050(a).) A meet and confer declaration must allege "facts showing a reasonable and good faith attempt at informally resolving all of the motion's issues." (Code Civ. Pro. § 2016.040(a).) More specifically, the declaration “requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431.)

The court can hear a discovery motion after the discovery period cutoff date, but only with a motion to compel that discovery be extended under Code Civ. Pro. § 2024.050. (Peltun-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App,4th 1568.) The court cannot convert a motion for leave to amend a reply into a motion to extend discovery. (Id.)

Factors Considered In Deciding Motion For Extension

The court may decide to grant the motion in its discretion. " (Code Civ. Pro. § 2024.050(a).) Among the factors it may consider are:

• Necessity and the reasons for the discovery;
• The diligence or lack of diligence of the party seeking to extend the discovery;
• Reasons discovery was not completed within the discovery period;
• The likelihood that permitting an extension will:
• Prevent the case from going to trial on the set trial date;
• Interfere with the trial calendar; or
• Prejudice any other party; or
• The amount of time that has elapsed in any postponement to the original trial date.

(Code Civ. Pro. § 2024.050(b); see also People v. Landau (2013) 214 Cal.App.4th.)

It is an abuse of discretion for the court to grant a motion to compel without the parties addressing, and the court considering the relevant factors identified in CCP §2024.050. (See Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568.)

Risk Of Sanction For Losing A Motion To Extend Discovery

The Court must impose a monetary sanction on a party who unsuccessfully makes or oppose a motion to extend or reopen discovery, unless:

• The motioning party had substantial justification; or
• Other circumstances make the sanctioning unjust.