Judge: Steven A. Ellis, Case: 20STCV38711, Date: 2024-01-25 Tentative Ruling

Case Number: 20STCV38711    Hearing Date: January 25, 2024    Dept: 29

On December 27, 2023, Defendant Ngon Vo (“Defendant”) filed this motion for leave to augment expert witness designation, and, specifically to substitute a new expert (Dr. Jacob Harter) in place of Dr. Karthik Kumar, who has retired.

Plaintiff has not filed any opposition.

In the interim, Defendant filed an ex parte application for leave to augment the expert witness designation or, in the alternative, to continue trial.  On January 19, 2024, the Court granted the ex parte application and continued the trial to March 19 but did not continue any of the discovery deadlines.  Discovery remains closed.

The Court has reviewed evidence and argument presented by Defendant.  The Court finds that Defendant has met the requirements of Code of Civil Procedure section 2034.620 and GRANTS Defendant’s motion to augment. 

Pursuant to Code of Civil Procedure section 2034.620, subdivision (d), Defendant is to make Dr. Harter immediately available for deposition.  Plaintiff may take the deposition of Dr. Harter at any time up to 15 days prior to the new trial date.  Except as it relates to the deposition of Dr. Harter, all other discovery remains closed.

The motion is GRANTED.

Moving party to give notice.