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California Rules of Court, Rule 3.2225(c) provides:
Unless otherwise ordered by the court:
A motion to augment the evidentiary record may be more accurately be argued as a motion to re-open the case-in-chief under Code of Civil Procedure § 607(6) or through the court's inherent authority to control the order of proof under Evidence Code § 320 and Code of Civil Procedure § 128. So long as judgment has not been entered, trial courts have broad discretion to allow additional evidence (Evidence Code § 320, Code Civ. Proc. § 128(a)(3); Rosenfeld, Meyer & Susman v. Cohen (1987) 191 Cal.App.3d 1035, 1052, fn. 7; Howard Contracting, Inc. v. G. A. MacDonald Const. Co. (1998) 71 Cal.App.4th 38, 59; Horning v. Shilberg (2005) 130 Cal.App.4th 197, 208.) "Such a procedure . . . does not violate the litigants' rights when adequate notice is given, as here – and may, in fact, be required in order to reach a just result." (Howard Contracting, supra at 59 (citing Coit Drapery Cleaners, Inc. v. Sequoia Ins. Co. (1993) 14 Cal.App.4th 1595, 1611-1612.) In Rosenfeld, Meyer & Susman v. Cohen, a party moved to reopen its case to offer additional evidence after the court announced its tentative decision in a nonjury trial. The appellate court wrote: "Trial courts have broad discretion in deciding whether to reopen the evidence" (Rosenfeld, Meyer & Susman, supra at 1052.)
Code of Civil Procedure § 2034.610 grants the court discretion to grant leave to augment an expert witness designation on motion of any party who has engaged in a timely exchange of expert witness information.
Code of Civil Procedure § 2034.620 sets forth the requirements for allowing leave to augment or amend. The court shall grant leave to augment or amend an expert witness list or declaration only if all of the following conditions are satisfied:
“(a) Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.” (Code Civ. Proc. § 2034.280(a).) While it is true “…a party who has designated an expert to testify on a particular subject may not use a supplemental list to substitute experts.” (Basham v. Babcock (1996) 44 Cal.App.4th 1717, 1723.), Code of Civil Procedure § 2034.280(a) does not always apply given the particular set of circumstances.
Augmentation of the expert witness designation has been allowed where the expert passed away before trial, as well as where the expert’s conclusions and deposition testimony were found to be unexpectedly detrimental to the party offering the expert. (Richaud v. Jennings (1993) 16 Cal.App.4th 81, 89; Dickison v. Howen (1990) 220 Cal.App.3d 1471, 1478.)
"The decision to grant relief from the failure to designate an expert witness is addressed to the sound discretion of the trial court and will not be disturbed on appeal absent a showing of manifest abuse of that discretion." (Dickison v. Howen (1990) 220 Cal.App.3d 1471, 1476.)
There is no express number of days stated as a time limitation for bringing a motion for leave to augment the expert witness list and there is no prohibition against designating another expert witness by court ordered augmentation who will testify on a subject that another expert has already been designated to testify about.
Code of Civil Procedure § 1094.5(e) provides: “Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing before respondent, it may enter judgment as provided in subdivision (f) remanding the case to be reconsidered in the light of that evidence; or, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, the court may admit the evidence at the hearing on the writ without remanding the case.”
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 06, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 09, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 08, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 12, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 17, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 13, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 16, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 07, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 11, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 14, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 05, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 04, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 15, 2021
Santa Cruz County, CA
RESPONDENTS’ MOTION TO AUGMENT THE ADMINISTRATIVE RECORD Respondents’ motion to augment the record to include the 6 volumes of records filed 10/8/21.
WESELOH V COUNTY
18CV03315
Nov 10, 2021
Santa Cruz County, CA
Notice Of Motion To Augment And Update His Expert Witness Designation. Set for hearing on Tuesday, June 28, 2016, Line 3, PLAINTIFF VICTOR TUNG'S Motion To Augment And Update His Expert Witness Designation. Plaintiff Victor Tung's motion to augment and update his expert witness designation is granted in its entirety. The court adopts the recommendation and reasoning of the judge pro tem.
VICTOR TUNG VS. AMI QI ET AL
CGC13531599
Jun 28, 2016
San Francisco County, CA
RURAL ASSOCIATION OF CVRI2105097 MEAD VALLEY VS COUNTY MOTION TO AUGMENT OF RIVERSIDE Tentative Ruling: The hearing on the motion to augment is continued to 2-3-23 at 8:30 A.M.
RURAL ASSOCIATION OF MEAD VALLEY VS COUNTY OF RIVERSIDE
CVRI2105097
Feb 01, 2023
Riverside County, CA
Notice Of Motion And Motion To Augment Expert Disclosure; Unlawful Detainer Law and Motion Calendar for Monday, January 3, 2012, line 6. Defendants Sosa and Morales' Motion to Augment Expert Disclosure. Granted. = (501/REQ)
BTP MISSION TIFFANY LLC, VS. MAYRA ZOSA ET AL
CUD11638579
Jan 03, 2012
San Francisco County, CA
Motion to Augment Respondents argue Petitioners are improperly seeking to introduce extra-record evidence without first filing a motion to augment. Absent a subdivision (e) showing, Respondents argue Petitioners are not entitled to place such evidence before the Court. Petitioners have filed a motion to augment the record, which seeks to supplement the record with regard to 8 documents.
PETROVICH DEVELOPMENT COMPANY LLC VS. CITY OF SACRAMENTO
34-2016-80002289-CU-WM-GDS
Sep 29, 2017
Sacramento County, CA
On August 4, 2020, Defendant filed a “Motion to Augment and/or Contest Tenative (sic) Ruling.” In the motion, Defendant asserts that he has attached copies of the documents of “Plaintiff’s Proof of Subponea of Bank Records.” (sic). There were in fact no attachments to the motion, and no records have subsequently been submitted. The motion to augment the record is denied, with prejudice.
HUDSON VS CHANCE
MSL07-05801
Feb 01, 2021
Contra Costa County, CA
Cross-Defendants' Notice Of Motion And Motion To Augment Expert Witness Disclosure Matter on calendar for Wednesday, May 23, 2018, Line 13, CROSS DEFENDANT JAKE NG, STATE FARM GENERAL INSURANCE COMPANY'S Motion To Augment Expert Witness Disclosure. This motion will be heard in department 501 on the same day and time. =(302/HEK)
KATY CHMURA VS. LAWRENCE CHOY ET AL
CGC14541228
May 23, 2018
San Francisco County, CA
Notice Of Motion And Motion To Augment Plaintiff'S Expert Witness List To Include Name And Address Of Treating Physician The matter on calendar for Monday, October 18, 2010, line 2. PLAINTIFF MARK MCGARVEY's Motion To Augment Plaintiff's Expert Witness List To Include Name And Address Of Treating Physician is off calendar per request of moving party. = (CWW/302)
MARK MCGARVEY VS. HERTZ CLAIM MANAGEMENT CORPORATION ET AL
CGC09490322
Oct 18, 2010
San Francisco County, CA
Notice Of Motion To Augment The Administrative Record Set for hearing on Monday, September 13, 2010, line 5. PETITIONERS ASSOCIATION OF IRRITATED RESIDENTS, CALIFORNIA COMMUNITIES AGAINST TOXICS, COMMUNITIES FOR A BETTER ENVIRONMENT,, COMMUNITIES FOR A SAFE ENVIRONMENT, HENRY CLARK, MARTHA ARGUELLO'S Motion To Augment The Administrative Record is off calendar. Judge Goldsmith, the designated C.E.Q.A. judge is hearing this matter. =(302/CWW)
ASSOCIATION OF IRRITATED RESIDENTS ET AL VS. CALIFORNIA AIR RESOURCES BOARD ET AL (CEQA CASE)
CPF09509562
Sep 13, 2010
San Francisco County, CA
Notice Of Defendants Motion To Augment Expert Witness Disclosure And Compel Elena Phillips To Attend Independent Mental Examination Set for hearing on Thursday, August 10, 2017, Line 1, DEFENDANT BAY CLUB PENINSULA, LLC, THE BAY CLUBS COMPANY, LLC's Motion To Augment Expert Witness Disclosure And Compel Elena Phillips To Attend Independent Mental Examination Defendants Bay Club Peninsula, LLC and The Bay Clubs Company, LLC's motion to augment expert witness disclosure and compel Elena Phillips to attend
SERGE ELMAN ET AL VS. BAY CLUB PENINSULA, LLC ET AL
CGC14542559
Aug 10, 2017
San Francisco County, CA
MOTION And Notice Of Motion To Augment Its Expert Designation And To Have Its Offer Of Expert Dr. Allan Feingold Deemed Timely Set for hearing on Tuesday, September 29, 2009, line 13, DEFENDANT HILL BROTHERS CHEMICAL COMPANY'S Motion To Augment Its Expert Designation And To Have Its Offer Of Expert Dr. Allan Feingold Deemed Timely IS OFF CALENDAR, MATTER TO BE HEARD IN DEPARTMENT 610. =(302/CWW)
WILLIAM DALE BOND VS. A.W.CHESTERTON COMPANY ET AL
CGC07274198
Sep 29, 2009
San Francisco County, CA
Notice Of Motion To Augment The Administrative Record Set for hearing on Tuesday, August 31, 2010, line 11, PETITIONERS ASSOCIATION OF IRRITATED RESIDENTS, CALIFORNIA COMMUNITIES AGAINST TOXICS, COMMUNITIES FOR A BETTER ENVIRONMENT, COMMUNITIES FOR A SAFE ENVIRONMENT, HENRY CLARK, AND MARTHA ARGUELLO'S Motion To Augment The Administrative Record IS CONTINUED ON COURT'S OWN MOTION TO SEPTEMBER 13, 2010. MOVING PARTY TO PROVIDE COURTESY COPIES TO DEPARTMENT 302. =(302/CWW)
ASSOCIATION OF IRRITATED RESIDENTS ET AL VS. CALIFORNIA AIR RESOURCES BOARD ET AL (CEQA CASE)
CPF09509562
Aug 31, 2010
San Francisco County, CA
Notice Of Motion To Augment Record Matter on calendar for Monday, March 25, 2013, Line 6, PETITIONER FRANK KING's Motion To Augment Record. Continued to April 16, 2013 on the Court's own motion. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. =(302/MJM)
FRANK L. KING VS. SAN FRANCISCO EMPLOYEES' RETIREMENT SYSTEM
CPF12512337
Mar 25, 2013
San Francisco County, CA
MOTION TO AUGMENT OR AMEND MIKHAIL VS VALENZUELA RIC2002299 EXPERT WITNESS INFORMATION BY CASTRO SARGIS MIKHAIL Tentative Ruling: The Court does not consider the untimely opposition filed 12-9-21. The motion to augment is denied. Analysis: Trial in this matter was first set for 9-10-21. When no courtroom was available, the trial was continued to 11-24-21, and subsequently to 2-10-22. Accordingly, the motion is untimely, and may be granted only under “exceptional circumstances.” (C.C.P. §2034.610(b).)
MIKHAIL VS VALENZUELA CASTRO
RIC2002299
Dec 09, 2021
Riverside County, CA
Notice Of Motion To Augment Record Set for hearing on Tuesday, April 16, 2013, Line 8, PETITIONER FRANK KING Motion To Augment Record. Petitioner's motion to augment the record is denied. As to the September 16, 2012 Social Security Administration decision, Petitioner failed to make a threshold showing that the Social Security Administration decision is relevant for the purposes of analyzing Petitioner's application for ordinary disability retirement, which is based on a different legal standard.
FRANK L. KING VS. SAN FRANCISCO EMPLOYEES' RETIREMENT SYSTEM
CPF12512337
Apr 16, 2013
San Francisco County, CA
Defendants' Motion To Augment Expert Witness List Set for hearing on Wednesday, August 29, 2018, Line 7, Defendants' Motion To Augment Expert Witness List. Defendants Ashley and Philip Davis' motion to augment expert witness list to add Brian Doherty is denied. The premise of the motion is that defendants were surprised that plaintiff Rashni Singh's expert Dr. Lawrence Nordhoff testified at his deposition that he had opinions regarding biomechanics of the accident that is the subject of this case.
RASHNI SINGH VS. ASHLEY DAVIS ET AL
CGC15549330
Aug 29, 2018
San Francisco County, CA
Case Number: BC651745 Hearing Date: September 8, 2023 Dept: 57 Plaintiffs' Motion to Augment Expert Witness Designations is denied. The Motion is untimely -- and quite so, in fact. Plaintiffs have failed to show under Code of Civil Procedure Section 2034.620(b) the presence of "exceptional circumstances" that would justify the filing of a motion to augment expert designations at such a late date. Trial is scheduled to commence ten days from now.
RALPHS GORCERY COMPANY ET AL VS LINCOLN CENTER LLC
BC651745
Sep 08, 2023
Los Angeles County, CA
MOTION TO AUGMENT THE ADMINISTRATIVE RECORD The motion to augment the administrative record with the 13 emails identified in Exhibit A to the declaration of Jamie Garretson is granted. Petitioner has failed to provide applicable authority for the request for a judicial declaration that the administrative record is not complete as augmented, or that it cannot be made complete.
SUSTAINABLE SOQUEL V COUNTY OF SANTA CRUZ ET AL.
18CV01803
Dec 18, 2018
Santa Cruz County, CA
County of Los Angeles 21TRCV00695 County of Los Angeles Motion to Augment Administrative Record TENTATIVE RULING Background Plaintiff filed the Complaint on September 24, 2021. Plaintiff alleges the following facts. Plaintiff appeals a decision of the Los Angeles Assessment Appeals Board (Board) that set a new base year value of Plaintiffs property for tax purposes.
LENLYN LIMITED DBA ICE CURRENCY SERVICES VS COUNTY OF LOS ANGELES
21TRCV00695
Sep 01, 2022
Los Angeles County, CA
Ruling on Defendant's Motion to Augment Defendants' motion to augment expert designations is granted. The request for sanctions is granted. Within 30 days of this ruling, Plaintiff is ordered to pay Defendants sanctions in the amount of $4,305. Ruling on Defendants' Motion to Compel Compliance with Business Records Subpoena Initially, the Court notes that Michael Uszler, M.D. and St. John's Health Center's submission of documents in support of its notice of lodgment was untimely.
DINE VS. BEAUMONT'S NEIGHBORHOOD EATERY
37-2015-00001219-CU-PO-CTL
Dec 22, 2016
San Diego County, CA
Personal Injury/ Tort
other
PETITIONER'S NOTICE OF MOTION RESIDENTS ASSOCIATION RIC2003210 AND MOTION TO AUGMENT THE VS COUNTY OF RIVERSIDE ADMINISTRATIVE RECORD Tentative Ruling: The petitioner’s motion to augment the administrative record with six documents is denied. Analysis: No. 1: The petitioner justifies the addition of the community plan on the ground that the 1988 EIR refers to the 1987 community plan. But the document sought to be added is not the community plan as adopted in 1987.
RESIDENTS ASSOCIATION VS COUNTY OF RIVERSIDE
RIC2003210
Dec 05, 2022
Riverside County, CA
PETITIONER'S NOTICE OF MOTION RESIDENTS ASSOCIATION RIC2003210 AND MOTION TO AUGMENT THE VS COUNTY OF RIVERSIDE ADMINISTRATIVE RECORD Tentative Ruling: The petitioner’s motion to augment the administrative record with six documents is denied. Analysis: No. 1: The petitioner justifies the addition of the community plan on the ground that the 1988 EIR refers to the 1987 community plan. But the document sought to be added is not the community plan as adopted in 1987.
RESIDENTS ASSOCIATION VS COUNTY OF RIVERSIDE
RIC2003210
Dec 04, 2022
Riverside County, CA
PETITIONER'S NOTICE OF MOTION RESIDENTS ASSOCIATION RIC2003210 AND MOTION TO AUGMENT THE VS COUNTY OF RIVERSIDE ADMINISTRATIVE RECORD Tentative Ruling: The petitioner’s motion to augment the administrative record with six documents is denied. Analysis: No. 1: The petitioner justifies the addition of the community plan on the ground that the 1988 EIR refers to the 1987 community plan. But the document sought to be added is not the community plan as adopted in 1987.
RESIDENTS ASSOCIATION VS COUNTY OF RIVERSIDE
RIC2003210
Dec 03, 2022
Riverside County, CA
CV-23-005619 - KHOSHABA, NAHRAIN vs CALIFORNIA DEPARTMENT OF SOCIAL SERVICES – a) Petition for Writ of Mandate; b) Petitioner’s Motion to Augment the Administrative Record - a)-b) - HEARING REQUIRED. The Court notes that the Motion to Augment was not filed or served in compliance with the time and notice requirements set forth in Code Civ. Proc. § 1005(b); therefore, it is not procedurally proper at this time.
- KHOSHABA, NAHRAIN VS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CV-23-005619
Dec 04, 2023
Stanislaus County, CA
CV-23-005619 - KHOSHABA, NAHRAIN vs CALIFORNIA DEPARTMENT OF SOCIAL SERVICES – a) Petition for Writ of Mandate; b) Petitioner’s Motion to Augment the Administrative Record - a)-b) - HEARING REQUIRED. The Court notes that the Motion to Augment was not filed or served in compliance with the time and notice requirements set forth in Code Civ. Proc. § 1005(b); therefore, it is not procedurally proper at this time.
- KHOSHABA, NAHRAIN VS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CV-23-005619
Dec 01, 2023
Stanislaus County, CA
CV-23-005619 - KHOSHABA, NAHRAIN vs CALIFORNIA DEPARTMENT OF SOCIAL SERVICES – a) Petition for Writ of Mandate; b) Petitioner’s Motion to Augment the Administrative Record - a)-b) - HEARING REQUIRED. The Court notes that the Motion to Augment was not filed or served in compliance with the time and notice requirements set forth in Code Civ. Proc. § 1005(b); therefore, it is not procedurally proper at this time.
- KHOSHABA, NAHRAIN VS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CV-23-005619
Dec 02, 2023
Stanislaus County, CA
CV-23-005619 - KHOSHABA, NAHRAIN vs CALIFORNIA DEPARTMENT OF SOCIAL SERVICES – a) Petition for Writ of Mandate; b) Petitioner’s Motion to Augment the Administrative Record - a)-b) - HEARING REQUIRED. The Court notes that the Motion to Augment was not filed or served in compliance with the time and notice requirements set forth in Code Civ. Proc. § 1005(b); therefore, it is not procedurally proper at this time.
- KHOSHABA, NAHRAIN VS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CV-23-005619
Dec 03, 2023
Stanislaus County, CA
Motion to augment expert witness list TENTATIVE RULING: Plaintiff AUDREY STOUT’s Motion to Augment Expert Witness List is DENIED. Plaintiff acknowledges that this motion is brought beyond the time limit set forth in Code Civ. Proc. § 2034.610. The Court does not find that any “exceptional circumstances” exist which would warrant this motion being made at such a late time, merely ten days before trial. Moreover, Plaintiff has not demonstrated that the conditions set forth in Code Civ.
AUDREY STOUT VS. SAN MATEO COUNTY TRANSIT DISTRICT
CIV529993
Mar 16, 2018
San Mateo County, CA
They forced the filing of the motion to augment and strenuously objected to any continuance on the grounds of prejudice. The lack of civility is concerning. Have the reasons for prejudice mysteriously disappeared? Is it only prejudicial when the defendant wanted the continuance but not when plaintiff wanted it?
BENEDON & SERLIN LLP VS L.A CLOSEOUT, INC., ET AL.
19VECV01784
Jun 08, 2022
Los Angeles County, CA
Tentative Ruling: The court denies plaintiff’s motion to augment the record on appeal because she has filed it in the wrong court.
HALEY DARIA VS LEVEL STUDIOS INC ET AL
1341441
Mar 28, 2012
Santa Barbara County, CA
The Court thus DENIES the motion to augment and amend Plaintiff’s written exchange. The Court also DENIES the motion to reopen discovery. The sole basis for that motion is the purported need to substitute Dr. Singh for Dr. Giacobetti. Since the Court denies the motion to augment, the motion to reopen discovery is also DENIED.
SOTERO VALDEZ VS RICHARD COOPER
BC675969
Sep 24, 2019
Los Angeles County, CA
Thus, the issue in this motion comes down to what the court intended in granting defendants’ motion to augment. The simple fact is that, in granting the motion to augment, the court intended to permit defendant to retain a medical doctor to counter the opinions offered in Dr. Smith’s deposition because only such an expert complied with the requirements of CCP section 2034.1620(c).
PHAM VS WILSON
30-2018-00989599-CU-PA-CJC
Jul 22, 2019
Orange County, CA
Defendant Campus Surgery Centers Notice Of Motion To Augment Expert Disclosure _1050858 Matter on calendar for Monday, February 9, 2015, Line 16, DEFENDANT CAMPUS SURGERY CENTER, Defendant Campus Surgery Centers Notice Of Motion To Augment Expert Disclosure. (Late Tentative) Granted. The Declaration of Norman La Force establishes that the requirements of CCP sec. 2034.620 are met.
LAILY BEHRAVESH VS. FINANCIAL DISTRICT FOOT & ANKLE CENTER, A BUSINESS ET AL
CGC13534677
Feb 09, 2015
San Francisco County, CA
Thus, Plaintiff’s motion to augment her expert witness list is GRANTED. Moving Party is to give notice.
DOE VS. LOS ALAMITOS UNIFIED SCHOOL DISTRICT
30-2015-00806932-CU-PO-CJC
Mar 06, 2017
Orange County, CA
CV-23-005619 – KHOSHABA, NAHRAIN vs CALIFORNIA DEPARTMENT OF SOCIAL SERVICES – a) Petitioner’s Petition for Writ of Mandate – HEARING REQUIRED; b) Petitioner’s Motion to Augment the Administrative Record – HEARING REQUIRED. a-b) The Court notes that the Motion to Augment was not filed or served in compliance with the time and notice requirements set forth in Code Civ. Proc. § 1005(b); therefore, it is not procedurally proper at this time.
KHOSHABA, NAHRAIN VS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CV-23-005619
Dec 11, 2023
Stanislaus County, CA
CV-23-005619 – KHOSHABA, NAHRAIN vs CALIFORNIA DEPARTMENT OF SOCIAL SERVICES – a) Petitioner’s Petition for Writ of Mandate – HEARING REQUIRED; b) Petitioner’s Motion to Augment the Administrative Record – HEARING REQUIRED. a-b) The Court notes that the Motion to Augment was not filed or served in compliance with the time and notice requirements set forth in Code Civ. Proc. § 1005(b); therefore, it is not procedurally proper at this time.
KHOSHABA, NAHRAIN VS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CV-23-005619
Dec 09, 2023
Stanislaus County, CA
CV-23-005619 – KHOSHABA, NAHRAIN vs CALIFORNIA DEPARTMENT OF SOCIAL SERVICES – a) Petitioner’s Petition for Writ of Mandate – HEARING REQUIRED; b) Petitioner’s Motion to Augment the Administrative Record – HEARING REQUIRED. a-b) The Court notes that the Motion to Augment was not filed or served in compliance with the time and notice requirements set forth in Code Civ. Proc. § 1005(b); therefore, it is not procedurally proper at this time.
KHOSHABA, NAHRAIN VS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CV-23-005619
Dec 10, 2023
Stanislaus County, CA
CV-23-005619 – KHOSHABA, NAHRAIN vs CALIFORNIA DEPARTMENT OF SOCIAL SERVICES – a) Petitioner’s Petition for Writ of Mandate – HEARING REQUIRED; b) Petitioner’s Motion to Augment the Administrative Record – HEARING REQUIRED. a-b) The Court notes that the Motion to Augment was not filed or served in compliance with the time and notice requirements set forth in Code Civ. Proc. § 1005(b); therefore, it is not procedurally proper at this time.
KHOSHABA, NAHRAIN VS CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CV-23-005619
Dec 08, 2023
Stanislaus County, CA
The court reserved December 3, 2020, for a hearing on Petitioners’ motion to augment the record. The court ordered all papers to be filed and served pursuant to CCP section 1005. Respondent’s counsel attended the ex parte hearing. On November 13, 2020, Petitioners untimely filed and served their motion to augment the record. On November 16, 2020, Petitioners untimely filed and served their corrected motion to augment the record.
MELISSA TYSON, ET AL. VS VETERINARY MEDICAL BOARD, DEPARTMENT OF CONSUMER AFFAIRS, STATE OF CALIFORNIA
19STCP04739
Dec 03, 2020
Los Angeles County, CA
Administrative
Writ
Notice Of Motion And Motion To Augment Pltf'S Expert Witness List Hearing set for Friday, June 21, 2013, Line 1: Plaintiff CHARMAINE FELGUTH'S Motion to Augment Plaintiff's Expert Witness List Pro Tem Judge Rebecca Woodson, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion.
CHARMAINE FELGUTH VS. DAVID WILLIAMS EPSTEIN ET AL
CGC10502953
Jun 21, 2013
Rebecca Woodson
San Francisco County, CA
The original memorandum sought $1,071.70 (“Appeal Transcript Record (2,544 @ .35/page) + motion to augment (518@ .35/page),” while the Amended memorandum seeks $1,242.50 (“Appeal record, Motion to Augment, Pet. Rehearing, Calif. Sup. Ct, etc. 3,550 pages @ .35/page”).
ARTURO AGUILAR VS JONATHAN C. ROSEN ET AL.
EC064392
Dec 04, 2020
Los Angeles County, CA
Ruling on HOA's Motion to Strike Prinz's Amended Motion to Augment HOA requests that the Court strike Prinz's Amended Motion to Augment, filed on September 20, 2018, on the grounds that the Amended Motion was filed after HOA's Opposition, without first obtaining leave of court.
ELIZABETH C PRINZ VS. CAMPUS COMMONS EAST RANCH HOMEOWNERS ASSOCIATION
34-2013-00147479-CU-PO-GDS
Oct 18, 2018
Sacramento County, CA
Personal Injury/ Tort
other
The City’s and RPI’s motion to augment the record is therefore granted.
RESIDENTS OF WESTMINSTER VS. CITY OF WESTMINSTER
30-2018-01029429-CU-WM-CJC
Dec 20, 2019
Orange County, CA
Conclusion The motion to augment the record is DENIED as moot. The motion to remand is DENIED.
SANDRA L. SUTTLE VS COUNTY OF LOS ANGELES
21STCP01114
Apr 19, 2022
Los Angeles County, CA
Motion to Augment the Record Petitioner concurrently filed a motion to augment the record with its opening brief. ROA # 41. Under the local rules (Civil Local Rule 2.1.19), if a hearing date is not reserved, the motion will not be heard. Because petitioner did not calendar the motion for hearing it will not be heard.
CORONADO CITIZENS FOR TRANSPARENT GOVERNMENT VS CITY OF CORONADO
37-2021-00049694-CU-TT-CTL
Dec 22, 2023
San Diego County, CA
Nature of Proceedings: MOTION TO AUGMENT THE ADMINISTRATIVE RECORD AND TO CONDUCT DISCOVERY The parties are ordered to appear at the hearing set for January 13, 2017, at 9:00 a.m. conceming Petitioners' Motion to Augment the Administrative Record and to Conduct Discovery.
PETROVICH DEVELOPMENT COMPANY LLC VS. CITY OF SACRAMENTO
34-2016-80002289-CU-WM-GDS
Jan 13, 2017
Sacramento County, CA
.: BC721623 Hearing Date: February 25, 2020 [TENTATIVE] RULING RE: Defendants new star realty and jenny s. nam’s motion to augment defendants’ expert witness list Defendants New Star Realty and Jenny S. Nam’s Motion to Augment the Expert Witness List is GRANTED. Factual Background This is a negligence action.
ROBERT VARTZAR ET AL VS NEW STAR REALTY INC
BC721623
Feb 25, 2020
Los Angeles County, CA
Personal Injury/ Tort
other
Also on September 19, 2019, Plaintiffs filed an ex parte application to shorten time to hear a motion to augment Plaintiffs’ expert designation. The Court granted the ex parte application and set the hearing for October 2, 2019. The Court will also hear the motion to continue the trial on October 2, 2019.
SAUL LOPEZ ET AL VS SHANT ARIS NAZARYAN ET AL
BC678211
Oct 02, 2019
Los Angeles County, CA
Motion No. 1: Supplemental Motion to Augment the Expert Witness Designation: The Motion to Augment Expert witness Designation is GRANTED. Defendant complied with Civ. Proc. Code § 2034.620. Under a standard similar to Civ. Proc. Code § 473, Defendant was “surprised” that the original doctor failed to cooperate. Defendant will provide the new expert for deposition. Plaintiff has not taken the deposition of the prior expert. There is no real prejudice to Plaintiff.
KENWORTHY VS. NEW SHOGUN
30-2015-00809340
Apr 01, 2017
Orange County, CA
Notice Of Motion And Motion To Augment Or Amend Expert Witness Information Or Submit Tardy Expert Witness Information Matter on calendar for Wednesday, November 16, 2016, Line 17, DEFENDANT CITY AND COUNTY OF SAN FRANCISCO Motion To Augment Or Amend Expert Witness Information Or Submit Tardy Expert Witness Information. Defendant City and County of San Francisco's motion to submit tardy expert witness information is granted.
TOMMIE COLLINS ET AL VS. CITY AND COUNTY OF SAN FRANCISCO
CGC15548549
Nov 16, 2016
San Francisco County, CA
Accordingly, the motion to augment is granted. As represented by Plaintiff’s counsel, the expert shall be made available for deposition immediately.
LISA GALBREATH V. THOMAS CLARK
CV12-0518
Feb 09, 2017
San Luis Obispo County, CA
The Court directed defense counsel to bring a motion to augment if defendant wanted to add an untimely expert. Trial was continued to February 21, 2020. Defendant waited until December 5, 2019 to appear ex parte for an order shortening time to bring a motion to augment. Due to the court's impacted calendar, the only date available was December 20, 2019.
IMPRESO VS VAN HOUT
37-2018-00048450-CU-PA-CTL
Dec 19, 2019
San Diego County, CA
Personal Injury/ Tort
Auto
Nature of Proceedings: MOTION TO AUGMENT THE RECORD The following shall constitute the Court's tentative ruling on the above referenced motions, which are scheduled to be heard by the Court on Friday, July 13, 2018 at 10:00 a.m. in Department 28.
CHRISTOPHER IAN GUSTARD VS. DOUGLAS R. MCCAULEY EXECUTIVE OFFICER OF THE LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE
34-2016-80002405-CU-WM-GDS
Jul 13, 2018
Sacramento County, CA
Conclusion and Order Plaintiff’s motion to augment his expert witness list is denied without prejudice. Plaintiff shall provide notice and file proof of such with the Court. DATED: August 28, 2019 ___________________________ Stephen I. Goorvitch Judge of the Superior Court
KIRITKUMAR MANGALDAS VS THE END ZONE SPORTS BAR & RESTAURANT
BC634189
Aug 28, 2019
Los Angeles County, CA
MOTION TO AUGMENT THE ADMINISTRATIVE RECORD APPEARANCE REQUIRED
SODA CANYON GROUP VS COUNTY OF NAPA ET AL
17CV001063
May 07, 2019
Napa County, CA
Plaintiff's Motion to Augment Expert Witness List is GRANTED.
MAYO VS NIDEFFER
37-2017-00040112-CU-PA-CTL
Jan 16, 2020
San Diego County, CA
Personal Injury/ Tort
Auto
Motion to Augment Exhibit List and Witness List 2. Status Conference
LOTHENBACH PROPERTIES, IV, LLC VS. 33 BAY DRIVE PROPERTY, LLC
30-2017-00908072
Feb 01, 2021
Orange County, CA
Nature of Proceedings: MOTION TO AUGMENT The following shall constitute the Court’s tentative ruling on the motion to augment which is scheduled to be heard by the Court on Friday, June 22, 2018 at 11:00 a.m. in Department 28.
HOWARD JONES INVESTMENTS LLC VS. CITY OF SACRAMENTO
34-2015-80002244-CU-WM-GDS
Jun 22, 2018
Sacramento County, CA
In ruling on a motion to augment an expert witness designation, the court must take into account “the extent to which the opposing party has relied on the list of expert witnesses . . . ,” and must determine that the opposing party “will not be prejudiced in maintaining that party’s action or defense on the merits.” (Code Civ. Proc., § 2034.620, subd. (a)-(b).)
NIUKKA HERNANDEZ VS BEVERLY HOT SPRINGS INC ET AL
BC627222
Jul 22, 2020
Los Angeles County, CA
Plaintiff moves for leave to amend only if the Court deems it necessary to grant the motion to augment. As mentioned above, CCP section 2034.620 does not contain a requirement that the court make a preliminary determination as to the admissibility of the expert's opinions before a motion to augment may be granted. Plaintiff has met her burden under CCP section 2034.620. The Court finds it unnecessary for Plaintiff to amend her complaint for the motion to augment to be granted.
BENALLY VS POINT LOMA LITTLE LEAGUE
37-2015-00039127-CU-PO-CTL
Aug 10, 2017
San Diego County, CA
Personal Injury/ Tort
other
The motion to augment is moot.
GARCIA VS STATER BROS MARKET
RIC1508551
Oct 14, 2016
Riverside County, CA
[Tentative] ORDER DENYING MOTION TO AUGMENT THE RECORD ORDER _________ PETITION FOR WRIT OF ADMINISTRATIVE MANDATE
PETER HEFFNER VS CALIFORNIA COMMISSION ON TEACHER CREDENTIAL
BS174007
Jul 01, 2020
Los Angeles County, CA
Administrative
Writ
The court will hear argument on petitioner’s motion to augment the record.
COREY VS. BROWN
CV13-00059
Apr 27, 2015
Plumas County, CA
Tentative Ruling: The court grants in part, and denies in part, Wonderful’s motion to augment the record.
IN THE MATTER OF WONDERFUL CITRUS II LLC
VCU290229
Oct 24, 2022
Tulare County, CA
Motion to Augment trial exhibits and witness list 2. Status Conference Continued to February 19, 2021
LOTHENBACH PROPERTIES, IV, LLC VS. 33 BAY DRIVE PROPERTY, LLC
30-2017-00908072
Jan 01, 2021
Orange County, CA
MOTION TO AUGMENT SIMPSON VS CITY OF ADMINISTRATIVE RECORD BY RIC1906168 RIVERSIDE SCOTT SIMPSON, DVONNE PITRUZZELLO, KEVIN DAWSON Tentative Ruling: The plaintiffs’ motion to augment the administrative record with RJN exhibits 6 through 13 is granted in part and denied in part. Specifically, it is granted as to exhibits 6 through 11, and otherwise denied.
SIMPSON VS CITY OF RIVERSIDE
RIC1906168
Mar 21, 2023
Riverside County, CA
Motion to augment the administrative record is also GRANTED. There is no opposition.
WILLIAM MIGUEL VS LAND DEVELOPERS ASSOCAITES
KC068640
Oct 25, 2017
Los Angeles County, CA
Administrative
Writ
MOTION TO AUGMENT EXPERT WITNESS LIST (CCP § 2034.61 et seq)) Date: 10/25/19 Case: Cesar Romero, et al. v. Li-Chuan Shih, et al. (EC 064933) TENTATIVE RULING: Defendants Li-Chuan Shih’s and Tun-Jen Ko’s Motion to Augment Expert Witness List is GRANTED, pursuant to CCP § 2034.620.
CESAR ROMERO ET AL. VS LI-CHUAN SHIH ET AL.
EC064933
Oct 24, 2019
Los Angeles County, CA
Real Property
Quiet Title
Defendant also requests that the court extend discovery cut-off because Plaintiff has filed a motion to augment its expert witness designation to include a cardiology expert regarding a medical condition that Plaintiff previously waived. At this juncture, that request is premature. The court declines to extend discovery cut-off until after the hearing on Plaintiff’s motion to augment its expert witness.
DAVID R MARTIN VS UNION PACIFIC RAILROAD COMPANY
BC595130
Oct 02, 2017
Los Angeles County, CA
Personal Injury/ Tort
Auto
HEARING ON MOTION TO AUGMENT COSTS AND AMEND JUDGMENT FILED BY PAUL NORTON * TENTATIVE RULING: * See #1 above.
GOLOVKO VS. NORTON
MSC17-01936
Aug 24, 2020
Burch
Contra Costa County, CA
HEARING ON MOTION TO AUGMENT OR AMEND EXPERT WITNESS LIST FILED BY NEW AMERICA GROUP, INC. * TENTATIVE RULING: * Appear.
REPUBLIC VS GONZALEZ
MSC16-02204
Mar 12, 2020
Steve K. Austin
Contra Costa County, CA
Exhibits A and B to the motion to augment address filing and service of the petition and ex parte papers. While the Court does not immediately see the materiality of these documents, the City argues timeliness of the writ petition in opposition to the writ petition and these documents may be probative in response to such argument. The Court therefore grants VSS’ motion to augment the record by the inclusion of the documents set forth in exhibits A to M to the motion to augment.
VALLEY SLURRY SEAL COMPANY VS CITY OF SANTA BARBARA ET AL
1341521
Nov 08, 2010
Santa Barbara County, CA
MOTION TO AUGMENT THE ADMINISTRATIVE RECORD TENTATIVE RULING: The matter is continued to January 24, 2019, at 1:30 p.m. in Dept. C.
SODA CANYON GROUP VS COUNTY OF NAPA ET AL
17CV001063
Jan 11, 2019
Napa County, CA
Motion To Augment Expert Witness Information & Impose Monetary Sanction OFF CALENDAR DISCOVERY MATTER. MOVING PARTY TO RE-CALENDAR IN DISCOVERY DEPT.(302/REQ)
MAKIKO KAWABE VS. MASAYUKI N UTSUMI DC ET AL
CGC03419266
Apr 07, 2004
San Francisco County, CA
MOTION TO AUGMENT THE RECORD, LEWIS VS HEMET MODEL CVRI2103649 MEMORANDUM OF POINTS AND MASTERS, INC. AUTHORITIES BY CHARLES LEWIS Tentative Ruling: GRANT unopposed motion.
LEWIS VS HEMET MODEL MASTERS, INC.
CVRI2103649
Aug 17, 2022
Riverside County, CA
Hearing on motion to augment and/or amend expert designation and motion to extend time for discovery off-calendar. Notice of settlement filed 4/24/2018.
YESCAS-HEWLETT V. QUICK BRIDGE FUNDING, LLC
30-2016-00890389-CU-WT-CJC
May 11, 2018
Orange County, CA
Hearings on motion to augment and/or amend expert designation and motion to extend time for discovery continued to 5/11/2018 per 4/2/2018 Order.
YESCAS-HEWLETT V. QUICK BRIDGE FUNDING, LLC
30-2016-00890389-CU-WT-CJC
Apr 13, 2018
Orange County, CA
BOARD OF REGISTERED NURSING Case Number: 19STCP04970 Hearing Date: October 23, 2020 [Tentative] ORDER DENYING WRIT PETITION [Tentative] ORDER DENYING MOTION TO AUGMENT THE RECORD
SHALENA THERESE GARZA VS BOARD OF REGISTERED NURSING
19STCP04970
Oct 23, 2020
Los Angeles County, CA
Administrative
Writ
Matter on calendar for Tuesday, May 18, 2021, Line 2 Hearing On Motion To Compel Re Deposition & Motion To Augment Record Duplicate calendar entry =(302/EPS)
FIRST STUDENT, INC. VS. SAN FRANCISCO UNIFIED SCHOOL DISTRICT ET AL
CPF21517381
May 18, 2021
San Francisco County, CA
TENTATIVE RULING Plaintiffs John Roe, Harley Renfro, John Roe 2's motion to augment plaintiff's first designation of expert witnesses is denied. Trial shall remain set for October 26, 2018.
ROE VS. GROSSMONT UNION HIGH SCHOOL DISTRICT
37-2015-00004806-CU-PO-CTL
Sep 27, 2018
San Diego County, CA
Personal Injury/ Tort
other
CV-20-002244 – PIRO, HELEN vs CAMIDA INC – Defendant CMJ Group, LLC’S Motion to Augment Expert Witness List, Re-Open Discovery for an IME and Continue the Trial Date – HEARING REQUIRED.
PIRO, HELEN VS CAMIDA INC
CV-20-002244
Aug 07, 2023
Stanislaus County, CA
Lee Parties are to appearvia CourtCall on Ameron motion to augment expert witness designation at 3 p.m. on 5/11/2021.
SEXTON VS AMCORD, INC.
RG20074721
May 10, 2021
Jo-Lynne Lee
Alameda County, CA
CV-20-002244 – PIRO, HELEN vs CAMIDA INC – Defendant CMJ Group, LLC’S Motion to Augment Expert Witness List, Re-Open Discovery for an IME and Continue the Trial Date – HEARING REQUIRED.
PIRO, HELEN VS CAMIDA INC
CV-20-002244
Aug 06, 2023
Stanislaus County, CA
CV-20-002244 – PIRO, HELEN vs CAMIDA INC – Defendant CMJ Group, LLC’S Motion to Augment Expert Witness List, Re-Open Discovery for an IME and Continue the Trial Date – HEARING REQUIRED.
PIRO, HELEN VS CAMIDA INC
CV-20-002244
Aug 04, 2023
Stanislaus County, CA
CV-20-002244 – PIRO, HELEN vs CAMIDA INC – Defendant CMJ Group, LLC’S Motion to Augment Expert Witness List, Re-Open Discovery for an IME and Continue the Trial Date – HEARING REQUIRED.
PIRO, HELEN VS CAMIDA INC
CV-20-002244
Aug 05, 2023
Stanislaus County, CA
s Motion to Augment the Administrative Record
EDWARDS LIFESCIENCES LLC VS. REGIONAL WATER QUALITY CONTROL BOARD-SANTA ANA REGION
30-2019-01083704
Jan 31, 2020
Orange County, CA
CITY OF PASADENA Case Number: BS164664 Hearing Date: October 30, 2020 [Tentative] ORDER DENYING PETITIONER’S MOTION TO AUGMENT THE RECORD [Tentative] ORDER DENYING RELIEF PETITIONER’S CEQA CLAIMS
PASADENA CIVIC CENTER COALITION VS CITY OF PASADENA
BS164664
Oct 30, 2020
Los Angeles County, CA
Administrative
Writ
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