Judge: Erick L. Larsh, Case: 2019-01063271, Date: 2023-07-20 Tentative Ruling
Defendants Vincent Valdes’ and Tunnel Light, LLC ‘s Motion to Exclude Expert Witness Testimony is granted. (See Code Civ. Proc. § 2034.300.)
A party’s addition of a new expert not disclosed in a previous expert designation, requires a motion pursuant to Calif. Code of Civil Procedure, section 2034.620. (See Calif Practice Guide, Civ. Proc. Before Trial, § 8:1739 (TRG 2023.)) The court and defendants accepted plaintiff’s & cross-defendant’s invitation in the opposition to treat the same as a motion to amend/augment and denied the same, finding that there has not been a reasonable excuse offered for the amended designation, that relief was not sought promptly, that there was no meet and confer as required by Calif. Code of Civil Procedure, section 2034.610, that the new expert witnesses have been made immediately available for deposition, and that there was no prejudice to defendants. (See Code Civ. Proc. section 2034.620.
All requests for sanctions are denied.
Defendants Vincent Valdes and Tunnel Light, LLC are ordered to give notice.