Judge: Cherol J. Nellon, Case: 19STCV25169, Date: 2023-05-18 Tentative Ruling

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Case Number: 19STCV25169    Hearing Date: May 18, 2023    Dept: 28

Defendants Angel Barrera and Shapour Raziour’s Motion to Set Compensation for Expert Witness Dr. Jonathan Eskenazi

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On July 17, 2019, Plaintiffs Michaela Reed (“Reed”) and Latrice Franklin (“Franklin”) filed this action against Defendants Angel Barrera (“Barrera”) and Shapour Raziour (“Raziour”) for negligence.

On July 15, 2021, Defendants filed an answer.

On April 21, 2023, Defendants filed a Motion to Set Compensation of Plaintiff’s Expert Dr. Jonathan Eskenazi to be heard on May 18, 2023.

Trial is currently scheduled for July 7, 2023.

PARTY’S REQUESTS

Defendants request the Court set a reasonable rate for the expert witness deposition fee of Dr. Jonathan Eskenazi.

LEGAL STANDARD

Under CCP § 2034.470, if a party desiring to take the deposition of an expert witness deems the associated fee of taking that deposition unreasonable, that party may move for an order setting the compensation of that expert. Parties must attempt to meet and confer prior to

filing the motion and must serve the expert with the motion. The Court may consider the frequency the expert charges this fee, the frequency in which the expert is paid this fee, the ordinary and customary fees charged by similar experts for similar services, and any other factors the court deems relevant and appropriate.

The Court shall impose a monetary sanction against any party, person, or attorney that unsuccessfully makes or opposed a motion to the set the expert witness fee, unless it finds that one acted with substantial justification.

DISCUSSION

In order to file a motion under CCP § 2034.470, the moving party must serve the expert with notice of the motion. The proof of service does not indicate that Eskenazi was served—only Plaintiff’s counsel. There is no indication that Plaintiff’s counsel agreed to accept notice on Eskenazi’s behalf. The Court denies the motion for insufficient service.

CONCLUSION

Defendants Angel Barrera and Shapour Raziour’s Motion to Set Compensation for Expert Witness Dr. Jonathan Eskenazi is DENIED.

Moving Party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.