Judge: Richard S. Whitney, Case: 37-2021-00044099-CU-PA-CTL, Date: 2023-08-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - July 20, 2023

07/21/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2021-00044099-CU-PA-CTL VANN VS FUTURE DRYWALL [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFFS' UNOPPOSED MOTION TO SUBMIT TARDY EXPERT WITNESS INFORMATION is GRANTED.

Failure to file opposition to the motion indicates the other parties' acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.54(c).) Plaintiffs NEJERO VANN and JACLYN VANN ('Plaintiffs') seek to submit tardy expert witness information under CCP section 2034.710, which provides 'the court may grant leave to submit that information on a later date.' (Code Civ. Proc., § 2034.710(a).) 'A motion under subdivision (a) shall be made a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit.' (Code Civ. Proc., § 2034.710(b).) Under CCP section 2034.720: The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses.

(b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits.

(c) The court has determined that the moving party did all of the following: (1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect.

(2) Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect.

(3) Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action.

(d) The order is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.

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2933476  42 CASE NUMBER: CASE TITLE:  VANN VS FUTURE DRYWALL [IMAGED]  37-2021-00044099-CU-PA-CTL (Code Civ. Proc., § 2034.720.) It is undisputed that Plaintiffs have demonstrated the requirements of CCP section 2034.710 and 2034.720 have been met. Plaintiff must make Robert Afra, M.D. available for deposition before August 14, 2023, as a condition of this motion be granted. The motion is granted.

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