Judge: Linda S. Marks, Case: 00992641, Date: 2022-08-01 Tentative Ruling

Plaintiff’s Motion for Protective Order

Plaintiff, Brian Virgili moves for a motion for protective order against Defendants, Newport Crest Homeowners Association and Optimum Professional Property Management, Inc. regarding limiting their Expert Witness Designation.

CCP § 2025.420

(a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.

(b) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:

(1) That the deposition not be taken at all.

California Code of Evidence § 352

The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. California Code of Evidence §723

The court may, at any time before or during the trial of an action, limit the number of expert witnesses to be called by any party.

Here, although there may be some overlap in expert testimony, it is unclear if the testimony will be cumulative or in any way prejudice Plaintiff. There is no showing of undue burden or expense.

Tentative Ruling: Plaintiff’s motion is DENIED without prejudice.

Defendants to give notice