Judge: Mark H. Epstein, Case: 21STCV04325, Date: 2023-11-28 Tentative Ruling

Case Number: 21STCV04325    Hearing Date: April 16, 2024    Dept: I

The application is GRANTED.  This does not appear to be an expert deposition; rather it appears to be the deposition of a treating physician who plaintiff confirmed will not be called as an expert and will render no expert opinions (if plaintiff calls the witness at all).  The deposition thus does not appear to be an expert deposition, and as such it comes too late given that discovery closed on December 8, 2023.

Because the matter was ex parte, and because there had been an attempt to depose the doctor earlier and the doctor has no objection, and because it was not clear until after the notice was served that plaintiff will not call the witness to provide any expert testimony or opinion, sanctions are not appropriate and are DENIED.