Judge: Thomas D. Long, Case: 20STCV35324, Date: 2024-07-11 Tentative Ruling

Case Number: 20STCV35324    Hearing Date: July 11, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 15, 2020, Plaintiffs 16220 Linda Terrace LLC and Scott A. Moore filed this action against Defendants Ha Tikva Management LLC and Eugene Rapaport.

On January 17, 2023, the parties exchanged expert witness information.  (Kalter Decl. ¶ 2.)

When Defendants’ current handling attorney took over this case, he discovered that a withdrawal of expert witnesses was inadvertently served on Plaintiffs.  (Kalter Decl. ¶¶ 3-4.)  On August 11, 2023 and September 7, 2023, Defendants’ counsel informed Plaintiffs’ counsel about the inadvertent disclosure.  (Kalter Decl. ¶¶ 4, 6.)  Defendants’ counsel has never received any request to depose Defendants’ expert witnesses.  (Kalter Decl. ¶ 7.)  Defendants’ counsel attempted to get a stipulation for relief from waiver, but Plaintiffs did not agree.  (Kalter Decl. ¶¶ 8-9.)

On June 12, 2024, Defendants filed a motion for relief from waiver of expert witnesses.  Plaintiffs did not file any oppositions.

“On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date.”  (Code Civ. Proc., § 2034.710.)

Defendants provided their expert witness information on January 17, 2023, for experts Sergey Shvartsman and Tatyana Skevin.  Defendants discovered the erroneous withdrawal by August 11, 2023 and notified Plaintiffs.  Trial is not until October 28, 2024, and there is sufficient time for Plaintiffs to depose Defendants’ experts.  No prejudice is shown.

Accordingly, the unopposed Motion for Order for Relief from Waiver of Expert Witnesses is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 11th day of July 2024