Judge: Olivia Rosales, Case: 22STCV29276, Date: 2024-01-26 Tentative Ruling

Case Number: 22STCV29276    Hearing Date: January 26, 2024    Dept: F

Ani Khachikyan, et al. vs Platinum Transportation Group, Inc. Case No. 22STCV29276

Plaintiff-in-Intervention Philadelphia Indemnity Insurance Company applies ex parte for an order clarifying the court’s January 18, 2024 order and striking Plaintiff’s new expert witness designation.  Defendant Platinum Transportation Group, Inc. has joined the ex parte request. 

On January 18, 2024, this Court continued the trial date in this matter from February 23, 2024, to March 11, 2024. The parties had already designated experts on January 4, 2024, based upon the February 23, 2024, trial date, and a demand for exchange of experts. After this Court’s ruling granting the brief continuance, Plaintiff attempted to designate experts on January 22, 2024, without the parties setting forth an expert demand pursuant to CCP Section 2034.210(a) and 2034.260(b)(1). The Court finds there were no new demands for experts served. Therefore, Plaintiff improperly attempted to designate Claude Ruffalo, Ph.D. and Yuvraj Grewal, M.D.

“Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.” (CCP § 2034.280.) Plaintiff argues that Vijay Gupte, Ph.D., a biomechanical expert, was added in response to the biomechanical expert Tyler L. Shaw, MSBE named by Defendants Platinum and Worldwide on January 4, 2024.  Therefore, the Court finds that Dr.  Gupte’s addition is proper.

Accordingly, Plaintiff-in-Intervention Philadelphia Indemnity Insurance Company’s ex parte application is GRANTED in part and DENIED in part.  Moving party to give notice.