Judge: Lee S. Arian, Case: 23STCV26101, Date: 2025-05-23 Tentative Ruling

Case Number: 23STCV26101    Hearing Date: May 23, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 5, 2023, Defendant served a demand for the exchange of expert witness information pursuant to Code of Civil Procedure section 2034.010 et seq., based on the initial trial date. The date designated for the simultaneous exchange was March 4, 2025. Defendant timely served its expert witness designation and declaration on that date.

Plaintiff did not serve a designation by the March 4, 2025 deadline. According to Plaintiff’s counsel, the failure to designate experts occurred because the date was never calendared, which she attributes to the passing of both her parents during the relevant period, significant staff turnover, and the resulting emotional and administrative disruption.

Plaintiff now seeks relief under Code of Civil Procedure section 473, subdivision (b), requesting that the Court permit the late designation of experts and allow expert discovery deadlines to trail the current trial date of October 1, 2025.

Plaintiff seeks relief under Code of Civil Procedure section 473(b), but neither the mandatory nor discretionary provisions of that section apply. Mandatory relief under section 473(b) is limited to judgments and dismissals. Here, no judgment or dismissal has been entered against Plaintiff. As to discretionary relief, the statute permits relief from a “judgment, dismissal, order, or other proceeding taken against” a party. However, no such order or proceeding has been taken against Plaintiff within the meaning of the statute. The missed expert designation date was not the result of an adverse court ruling or order. Accordingly, discretionary relief under section 473(b) is not applicable.

The proper statutory authority is Code of Civil Procedure sections 2034.710 and 2034.720. A party who fails to timely exchange expert witness information as specified in a demand may seek leave to do so at a later date. (Code Civ. Proc., § 2034.710, subd. (a).) Because the moving party failed to bring his motion under the appropriate basis, and consequently failed to give notice of a moiton under that basis, the motion is denied.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.