Judge: Lynne M. Hobbs, Case: 20STCV02388, Date: 2023-05-05 Tentative Ruling

Case Number: 20STCV02388    Hearing Date: May 5, 2023    Dept: 30

#36

Hugo Rodriguez-Benitez v. Kris Kim

20STCV02388

Motion for Leave to Augment Plaintiff's Expert Witness, by Plaintiffs

Ruling:  Denied. 

Moving part to give notice.

Rationale: 

The parties have had three previous trial dates 7/20/2021, 6/27/2022, and 3/3/2023, and much litigation regarding discovery.  On February 16, 2023, the Court continued the trial to the fourth trial date of May 22, 2023.  The Court has the inherent power to control the proceedings before it.  The Court ordered that discovery would NOT be continued except for certain discovery and motions to be heard if they already had been scheduled. Specifically, the Court allowed the depositions of previously designated experts. Plaintiff was given the opportunity to properly designate an additional expert, but failed to execute it. Its expert is not a previously designated expert and not within the Court's narrowly drawn areas of exception. The circumstances alleged are not exceptional and do not warrant allowing designation just 17 days before the fourth set trial. Plaintiff failed to show that exceptional circumstances warrant the late designation.