Judge: Lee W. Tsao, Case: 20NWCV00376, Date: 2023-07-10 Tentative Ruling

Case Number: 20NWCV00376    Hearing Date: July 10, 2023    Dept: C

This is a “lemon law” action filed by Plaintiff on July 13, 2020 alleging Defendant failed to repair the defects in her vehicle or replace or repurchase the vehicle.

Defendant requests the court order Plaintiff’s expert to be deposed on July 11, 2023 or preclude him from testifying at trial. Plaintiff served her notice of expert deposition on June 14, 2023 and set the deposition for June 27, 2023. Defendant served its notice on June 20, 2023 and set the deposition for July 5, 2023.

Plaintiff states that the first available date for her expert is July 17, 2023.  That day is the discovery cut-off date in this case.  Defendant asserts it is common practice in civil cases that defendants be provided the opportunity to depose plaintiff’s expert before the defense expert is deposed.  Defendant states its expert is available on July 20, 2023. 

Defendant’s ex parte application is DENIED.  However, the court finds good cause to extend the discovery cut-off date to July 20, 2023 to allow the depositions to proceed in the order requested by Defendant. 

Defendant to give notice.