Tentative Ruling

KC Investment Company v. Kung Fu of Golden Dragon, LLC, Case No. SC124337

Hearing Date: March 5, 2020

Defendants’ Motion for Leave to Open Discovery

This began as an unlawful detainer action based on nonpayment of rent at a commercial property. Defendants vacated by August 2015. As possession is no longer at issue, this became a breach of contract action.

Defendants allege in March 2019 the parties reached an agreement that plaintiff would dismiss the action, contingent on defendants presenting financial documents showing they were judgment proof. Defendants allege they produced the requested documents, but plaintiff refused to dismiss the action.

Trial has been continued to May 18, 2020. The court granted defendants leave to amend their answer with new defenses related to the March 2019 settlement. The discovery cut-off date, based on the original trial, has passed. Defendants seek to reopen discovery, so they may gather information and documents necessary to pr