Judge: Steven A. Ellis, Case: 21STCV39457, Date: 2023-09-05 Tentative Ruling

Case Number: 21STCV39457    Hearing Date: September 19, 2023    Dept: 29

The Court wishes to hear argument from counsel on this motion, both in general and specifically on the following issues:

(1) Is Dr. Tortosa basing his expert opinion on an impermissible theory of vicarious liability or ostensible agency?

(2) Are the expert opinion declarations offered by plaintiff in opposing to the motion sufficient to create a triable issue of fact?  Is this a case in which the jury needs to hear from both sides and make a decision based on the outcome of a "battle of the experts"?