Does the term "initial trial date" apply to the date set for each trial in an action?
California, United States of America
The following excerpt is from Fairmont Ins. Co. v. Superior Court, 22 Cal.4th 245, 92 Cal.Rptr.2d 70, 991 P.2d 156 (Cal. 2000):
[92 Cal.Rptr.2d 73]
The Court of Appeal reversed. It declined to follow the holding in Beverly Hospital that the phrase "initial trial date" refers to the first date set for each trial scheduled in the action for the purpose of calculating the discovery cutoff. (Beverly Hospital v. Superior Court, supra, 19 Cal. App.4th at p. 1292, 24 Cal.Rptr.2d 238.) Instead, it determined that the cutoff is based on the date established by the original trial setting, regardless whether a new trial date is set after a reversal on appeal, as opposed to a continuance or postponement, although "[i]n the proper case, in response to a motion, the court can allow further discovery when it is justified." A party requesting discovery in such instances must carry the burden of establishing good cause, in a motion to the trial court, by pointing to some issue or circumstance that did not exist before trial.[92 Cal.Rptr.2d 73]
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