Judge H. Jay Ford, III, Case Number: 19SMCV01209, Date: 2023-09-26 Tentative Ruling

Judge: H. Jay Ford, III, Case: 19SMCV01209, Date: 2023-09-26 Tentative Ruling

Case Number: 19SMCV01209 Hearing Date: September 26, 2023 Dept: O

Case Name: Herrick Productions, LLC v. Mattell, Inc.

Case No.:	19SMCV01209	Complaint Filed:	7-3-19
Hearing Date:	9-26-23	Discovery C/O:	7-1-22
Calendar No.:	10	Discovery Motion C/O:	7-18-22
POS:	OK	Trial Date:	10-2-23

SUBJECT: MOTION TO STRIKE SUPPLEMENTAL EXPERT WITNESS DESIGNATION

MOVING PARTY: Plaintiff Herrick Productions

RESP. PARTY: Defendant Mattell, Inc

TENTATIVE RULING

Plaintiff Herrick Productions, LLC Motion to Strike Supplemental Expert Witness Designation is DENIED in part and GRANTED in part. Defendant properly submitted a supplemental expert witness list pursuant to CCP § 2034.280. Supplemental expert designations for Dertouzos, Bragoff, and Wolpert are sufficiently distinctive from Stanley and Ackerman’s designated testimony, and thus the supplemental expert witnesses are admissible. Supplemental expert designations for Londre are sufficiently distinctive other than (1) the speculative nature of television business and (2) the financial performance of The Toy Box which overlap with Stanley and Kinnrich respectively. Thus, Londre is prohibited from opining on these two areas as per CCP 2034.280.