Judge: Michael D. Washington, Case: 37-2019-00040261-CU-BC-NC, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 09, 2024

05/10/2024  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael D Washington

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2019-00040261-CU-BC-NC HANH M. BUI VS CARR [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 04/16/2024

The Motion to Augment Expert Witness List brought by defendant/cross-complainant Kenneth Carr, M.D.

(Doctor Carr) is GRANTED. Pursuant to Code of Civil Procedure § 2034.620, Doctor Carr shall make his expert, Steve Rousso, available for deposition immediately. Failure to do so may result in exclusion of testimony from Mr. Rousso. Plaintiff/cross-defendant Hanh M. Bui MD, a professional medical corporation (Plaintiff) shall have 10 days to counter designate an expert witness responsive to Mr.

Rousso.

Both parties' respective Requests for Monetary Sanctions are DENIED. The opposing party is not prevailing on the motion and thus not entitled to a monetary sanction, and the moving party wisely did not request monetary sanctions in the moving papers. Though the moving party references them in reply, the other circumstances here do not warrant such an award. While the opposing party had an opportunity meet and confer on this issue, which would have potentially resolved the issue out-of-court, the opposition brief is not so lacking in merit as to warrant sanctions – i.e. there was substantial justification for opposing the motion. While the factors favor granting leave to augment the expert witness list, Doctor Carr did fundamentally miss the original timeline to make such designation, and, as such, monetary sanctions rewarding Doctor Carr are not appropriate on this record.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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