Judge: Michael E. Whitaker, Case: 21STCV16735, Date: 2023-01-31 Tentative Ruling

Case Number: 21STCV16735    Hearing Date: January 31, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

Plaintiff Kathi McWhorter (Plaintiff) sued Defendants Adam Blackman and Stacy Sukov Blackman (collectively, Defendants) based on a motor vehicle collision.  Plaintiff moves for an order allowing Plaintiff to amend or augment the Expert Witness Designation List and to submit tardy expert witness information in the above-entitled action.  Defendants oppose the motion. 

Preliminarily the Court notes that on December 14, 2022, this Court denied Plaintiff’s request to augment the expert witness list for lack of standing per Code of Civil Procedure section 2034.610, subdivision (a).  (See December 14, 2022 Minute Order.)

Further, regarding Plaintiff’s motion to reopen discovery on January 12, 2023, the Court ordered in part the following: “No party shall augment the operative designations of expert witnesses.”  (See January 12, 2023 Minute Order.)

Accordingly, the Court denies Plaintiff’s motion as moot. The Clerk of the Court shall provide notice of the Court’s ruling.