Judge: Shirley K. Watkins, Case: 19STCV13518, Date: 2022-09-22 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 19STCV13518    Hearing Date: September 22, 2022    Dept: T

TENTATIVE RULING

NO WRITTEN OPPOSITION TO THE EX PARTE APPLICATION DESPITE THE FACT THAT DEFENDANTS HAVE HAD THE PAPERS SINCE 9/14/2022. 

THE MAIN ISSUES IN THIS CASE ARE THE NUMEROUS EXPERTS DESIGNATED ON THE STANDARD OF CARE AND DUPLICATIVE EXPERTS.  UNDER HORN V. GENERAL MOTORS CO (1976) 17 CAL.3D 359, 371, THE COURT HAS THE DISCRETION TO LIMIT THE NUMBER OF EXPERTS THAT A PARTY IS OFFERING ON A SPECIFIC TOPIC.  IN SCALERE V. STEVENSON (1989) 211 CAL.APP.3D 1446, THE COURT PREVENTED CUMULATIVE TESTIMONY.  HERE, THE DEFENDANTS HAVE DESIGNATED MANY EXPERTS ON THE STANDARD OF CASE.  EVIDENCE CODE SECTION 723 ALLOWS THE COURT TO LIMIT THE NUMBER OF EXPERT WITNESSES.  THE COURT ALSO HAS THE DISCRETION TO LIMIT THE NUMBER OF WITNESSES WHO MAY BE CALLED UPON TO TESTIFY AS TO A SINGLE ISSUE, AND WHICH IS PURELY CUMULATIVE.

ACCORDINGLY, THE COURT TENTATIVELY WILL ISSUE AN ORDER LIMITING THE NUMBER OF EXPERTS THAT CAN BE CALLED ON THE ISSUE OF STANDARD OF CARE, AND WILL ALSO LIMIT DUPLICATIVE EXPERTS IN:

PAIN MANAGEMENT (3 ARE DESIGNATED)

NEURORADIOLOGY (2 ARE DESIGNATED)

ECONOMIST (2 ARE DESIGNATED)

SOCIAL SECURITY BENEFITS (2 ARE DESIGNATED)