Motion to Submit Tardy Expert Witness Information

Legal Standard

Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any person whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial. (Code Civ. Proc., § 2034.710(a).)

“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(a).)

The motion must be made a sufficient time in advance to permit the deposition of any expert to whom the motion relates to, and the motion must be accompanied by a meet and confer declaration under Code of Civil Procedure Section 2016.040. (Code of Civ. Proc. § 2034.710(b)-(c).)

Under exceptional circumstances, the court may permit the motion to be made at a later time. (Code Civ. Proc., § 2034.610(b).) The motion shall be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2034.610(c).)

The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied:

  1. the court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses;
  2. the court has determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits;
  3. the court has determined that the moving party did all of the following:
    1. failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect, and
    2. sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect; and
  4. the order is conditioned on the moving party making the expert available immediately for a deposition, and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.

(Code Civ. Proc., § 2034.720; see Barboni v. Tuomi (2012) 210 Cal.App.4th 340, 343, 3653 [finding that attorney’s miscalendaring the time of designation was a result of error and excusable neglect]; Plunkett v. Spaulding (1997) 52 Cal.App.4th 114, 137 disapproved on other grounds by Schreiber v. Estate of Kiser (1999) 22 Cal.4th 31 [stating that an honest mistake of law is a valid ground for relief based on mistake, inadvertence, surprise of excusable neglect].)

Sanctions

CCP section 2034.730 provides that “[t]he court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to submit tardy expert witness information, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2034.730.)

CCP sections 2023.010 and 2023.030 allow the court to impose monetary sanctions for the misuse of discovery, which includes the “[m]aking or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery.” (Code Civ. Proc., §§ 2023.010(h), 2023.030.)

Recent Documents

1-25 of 10000 results

Complaint - Case Management Conference

LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. JOY STEPHENSON-LAWS, ESQ. (SBN 113755) RICHARD A. LOVICH, ESQ. (SBN. 113472) KARLENE ROGERS-ABERMAN, ESQ. (SBN 237883) DAVID F. MASTAN, ESQ. (SBN 152109) SARKIS S. YERETSIAN, ESQ. (SBN. 327625)

Complaint - Case Management Conference

Tel: (760) 443-0984 Fax: (818) 235-0172 E- Plaintiffs, Defendants. 1. Plaintiffs Mark McColm and Brenda McColm (“plaintiffs”) are, and at 2. At all relevant times, defendant Integon National Insurance Company

Complaint - Case Management Conference

PATRICIA A. SAVAGE, (SBN 236235) LAW OFFICES OF PATRICIA A. SAVAGE 1550 Humboldt Road, Suite 4 Chico, CA 95928 Office: (530) 809 Fax: (530) 592 Email: [email protected] Attorney for Plaintiff BRITTANY O REGAN, et al.

Complaint - Case Management Conference

GARCIA & ARTIGLIERE Stephen M. Garcia, State Bar No. 123338 [email protected] One World Trade Center, Suite 1950 Long Beach, California 90831 Telephone: (562) 216 5270 Facsimile: (562) 216 5271 Attorneys for Plaintiff SUPERIOR COURT

Class Action Complaint for Damages - Case Management Conference

arry W. Lee (State Bar No. 228175) DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile [email protected] Attorneys for Plaintiff and the Class *ADDITIONAL ATTORNEYS ON FOLLOWING PAGE SUPERIOR COURT OF THE STA

Complaint - Case Management Conference

PATRICIA SAVAGE, SBN 236235 ANGELA HOOPER, SBN (pending) LAW OFFICE OF PATRICIA A. SAVAGE 1550 Humboldt Road, Suite 4 Chico, CA 95928 809-1851 -3865 [email protected] Email: [email protected] Attorneys for

Declaration of Payee in Support of Petitioner's Petition for Approval of...

R. FELTON, ESQ. (State Bar No. 138767) [email protected] G&B LAW, LLP 16000 Ventura Boulevard, Suite 1000 Encino, California 91436 Tel: (818) 382 6200 • Fax: (818) 986 Attorneys for Petitioner J.G. Wentworth Originations, LLC UPERIOR COURT OF THE ST

MONEY CLAIM OF PLAINTIFF FOR $3,200.00 FILED BY RAM, EVELYN AS TO DEFEND...

Plaintiff's Claim and ORDER cist sage dap hore open ign le agig] cae to Go to Small Claims Court F; ee D> Sy ro ‘ounty of San Francisco Notice to the person being sued: * You are the defendant if your name is listed in (2) on page 2 of this form. JUL ~ 9 2021 The person suing you is the plaintiff, listed in(A) on page 2. CLEBK OF THE COURT * You and the plaintiff must go to court on the trial date listed below. If you BY: a fine lash = do not go to court, you may lose the case. Dep

Criminal: Minute Order - Motion

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California 16CR 05642 vs. 8:30 AM Motion

MONEY CLAIM OF PLAINTIFF FOR $4,000.00 FILED BY JOHNSON, ROSELA S. AS TO...

SC-100 Plaintiffs Claim and ORDER ciesk stamps date oe when omniotica. : to Go to Small Claims Court MAL CAR Notice to the person being sued: Supetior Co of Cl ifoia . i is listed i 2 of this form. You are the defendant if your name is listed in (2) on page 2 o: JUL 09 2021 The person suing you is the plaintiff, listed in (1) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you Cu OF THE,COURT do not go to court, you may lose the case. BY: e Pray Cl

MONEY CLAIM OF PLAINTIFF FOR $7,016.35 FILED BY BORJA, DIANA AS TO DEFEN...

4 Plaintiff's Claim and-ORDER - Clerk stamps date here when form is filed. ‘to Go to Small Claims Court E D Notice to the person being sued: Segre Cau Calilomia + You are the defendant if your name is listed in @) on page 2 of this form. “° The person suing you is the plaintiff, listed in (1) on page 2. dUL 79 2021 * You and the plaintiff must go to court on the trial date listed below. If you K OF THE COURT do not go to court, you may lose the case. . . * Ifyou lose

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced INUTE ORDERS People of the State of California 21CR 01363A vs. 9:30 AM Pre Preliminary

Ruling 07/08/2021 - Ruling

Superior Court of California County of Kern Bakersfield Division P DATE: July 08, 2021 Time: 8:00 AM - 5:00 PM

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY GILLON, MICHAEL AS TO D...

Plaintiffs Claim and ORDER to Go to Small Claims Court SC- Notice to the person being sued: You are the defendant if your name is listed in (2) on page 2 of this form. The person suing you is the plaintiff, listed in(1) on page 2. You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. Bring witnesses, receipts, and any evidenc

MONEY CLAIM OF PLAINTIFF FOR $1,240.00 FILED BY MORFIT, OLIVIA DIBLASI, ...

Plaintiff's Claim and ORDER SC-100 to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in (2) on page iat thi: The person suing you is the plaintiff, listed in(@4) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you : do not go to court, you may lose the case. + Ifyou lose, the court can order that your wages, money, or property be taken to pay this claim. + Bring witnesses, receipts, and any ev

MONEY CLAIM OF PLAINTIFF FOR $1,912.50 FILED BY PULIDO, FERDINAND AS TO ...

reer) Plaintiff's Claim and ORDER Clerk stamps date here when form Is fled. to Go to Small Claims Court SMALL CLAIMS Notice to the person being sued: me : You are the defendant if your name is listed in (2) on page 2 of this form. Superior Cour vo Cabfomia The person suing you is the plaintiff, listed in(1) on page 2. You and the plaintiff must go to court on the trial date listed below. If you vuL 0 8 2021 do not go to court, you may lose the case. ii (OF TH OURT If you lose, the court can or

MONEY CLAIM OF PLAINTIFF FOR $5,000.00 FILED BY KLEIN, NORMAN AS TO DEFE...

5 00 Plaintiff's Claim and ORDER ler stamps date here when frm fs fled. A El to Go to Small Claims Court ree Notice to the person being sued: oo oo . ESD + says . ‘ ee : Fo 1 Court of Cali * You are the defendant if your name is listed in @) on page 2 of this form. 7 The person suing you is the plaintiff, listed in(1) on page.2:;..; fy ccc rpt ebsa * You and the plaintiff must go to court on the trial date listed belo do not go to court, you may lose the case.” . If you lose, the court can o

MONEY CLAIM OF PLAINTIFF FOR $9,500.00 FILED BY SALES CAMPOS, OLEANDRO C...

y SC-100 Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. : to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in (2) on page 2 of this form. Su perio Court of California The person suing you is the plaintiff, listed [email protected]) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you JUL ~ 8 2021 do not go to court, you may lose the case. Cc K OF THE COURT * Ifyou lose, the

MONEY CLAIM OF PLAINTIFF FOR $1,485.00 FILED BY GALARZA, RENE AS TO DEFE...

sy Plaintiff's Claim and ORDER to Go to Small Claims Court Notice to the person being sued: You are the defendant if your name is listed in 2) on page 2 of this form. The person suing you is the plaintiff, listed in(4) on page 2. You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may, lose the case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. Bring witnesses, receipts, and any evid

Non-Criminal: Minute Order - Child Custody Recommending Counseling

Superior Court of California, County of Merced MINUTE ORDERS Amanda Butler 8:45 AM 5:00 PM vs. Child Custody Recommending Michael Butler

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY CHAMBERLAIN, LUCAS AS T...

oe O V Plaintiff's Claim and ORDER ; aH wei SAMMUT 5 Go to Small Claims Court Gerke stamps dae here when om ee CLAIMS 1 Notice to the person being sued: | ED « You are the defendant if your name is listed in @) on page 2 of this form. FL bu The person suing you is the plaintiff, listed [email protected]) on page 2. 0 8 « You and the plaintiff must go to court on the trial date listed below. If you JUL. 20a do not go to court, you may. lose the case. Cc ar i ni COURT « Ifyou lose, the court can order that

Criminal: Minute Order - Petition

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) SUF18799 vs. 8:30 AM Petition

City of Gridley's Reply in Support of Demurrer to First Amended Complain...

MICHAEL G. COLANTUONO, State Bar No. 143551 Exempt from Filing Fees [email protected] Government Code § 6103 MATTHEW C. SLENTZ, State Bar No. 285143 [email protected] COLANTUONO, HIGHSMITH & WHATLEY, PC 420 Sierr

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY David Roth, Esq. (SBN 194648) Evgenia Jansen (SBN 291570) Manning & Kass, Ellrod, Ramirez, Trester LLP One California Street, Suite 900

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY MAYER, STEVEN AS TO DEF...

Plaintiff's Claim and ORDER ace to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in 2) on page 2 of this form. The person suing you is the plaintiff, listed in (1) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. + Bring witnesses, receipts, and an

1 2 3 4 5 6 7 8 9 10 ... 400     last » 

Useful Examples
Recent Documents

1-25 of 10000 results

Complaint - Case Management Conference

LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. JOY STEPHENSON-LAWS, ESQ. (SBN 113755) RICHARD A. LOVICH, ESQ. (SBN. 113472) KARLENE ROGERS-ABERMAN, ESQ. (SBN 237883) DAVID F. MASTAN, ESQ. (SBN 152109) SARKIS S. YERETSIAN, ESQ. (SBN. 327625)

Complaint - Case Management Conference

Tel: (760) 443-0984 Fax: (818) 235-0172 E- Plaintiffs, Defendants. 1. Plaintiffs Mark McColm and Brenda McColm (“plaintiffs”) are, and at 2. At all relevant times, defendant Integon National Insurance Company

Complaint - Case Management Conference

PATRICIA A. SAVAGE, (SBN 236235) LAW OFFICES OF PATRICIA A. SAVAGE 1550 Humboldt Road, Suite 4 Chico, CA 95928 Office: (530) 809 Fax: (530) 592 Email: [email protected] Attorney for Plaintiff BRITTANY O REGAN, et al.

Complaint - Case Management Conference

GARCIA & ARTIGLIERE Stephen M. Garcia, State Bar No. 123338 [email protected] One World Trade Center, Suite 1950 Long Beach, California 90831 Telephone: (562) 216 5270 Facsimile: (562) 216 5271 Attorneys for Plaintiff SUPERIOR COURT

Class Action Complaint for Damages - Case Management Conference

arry W. Lee (State Bar No. 228175) DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile [email protected] Attorneys for Plaintiff and the Class *ADDITIONAL ATTORNEYS ON FOLLOWING PAGE SUPERIOR COURT OF THE STA

Complaint - Case Management Conference

PATRICIA SAVAGE, SBN 236235 ANGELA HOOPER, SBN (pending) LAW OFFICE OF PATRICIA A. SAVAGE 1550 Humboldt Road, Suite 4 Chico, CA 95928 809-1851 -3865 [email protected] Email: [email protected] Attorneys for

Declaration of Payee in Support of Petitioner's Petition for Approval of...

R. FELTON, ESQ. (State Bar No. 138767) [email protected] G&B LAW, LLP 16000 Ventura Boulevard, Suite 1000 Encino, California 91436 Tel: (818) 382 6200 • Fax: (818) 986 Attorneys for Petitioner J.G. Wentworth Originations, LLC UPERIOR COURT OF THE ST

MONEY CLAIM OF PLAINTIFF FOR $3,200.00 FILED BY RAM, EVELYN AS TO DEFEND...

Plaintiff's Claim and ORDER cist sage dap hore open ign le agig] cae to Go to Small Claims Court F; ee D> Sy ro ‘ounty of San Francisco Notice to the person being sued: * You are the defendant if your name is listed in (2) on page 2 of this form. JUL ~ 9 2021 The person suing you is the plaintiff, listed in(A) on page 2. CLEBK OF THE COURT * You and the plaintiff must go to court on the trial date listed below. If you BY: a fine lash = do not go to court, you may lose the case. Dep

Criminal: Minute Order - Motion

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California 16CR 05642 vs. 8:30 AM Motion

MONEY CLAIM OF PLAINTIFF FOR $4,000.00 FILED BY JOHNSON, ROSELA S. AS TO...

SC-100 Plaintiffs Claim and ORDER ciesk stamps date oe when omniotica. : to Go to Small Claims Court MAL CAR Notice to the person being sued: Supetior Co of Cl ifoia . i is listed i 2 of this form. You are the defendant if your name is listed in (2) on page 2 o: JUL 09 2021 The person suing you is the plaintiff, listed in (1) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you Cu OF THE,COURT do not go to court, you may lose the case. BY: e Pray Cl

MONEY CLAIM OF PLAINTIFF FOR $7,016.35 FILED BY BORJA, DIANA AS TO DEFEN...

4 Plaintiff's Claim and-ORDER - Clerk stamps date here when form is filed. ‘to Go to Small Claims Court E D Notice to the person being sued: Segre Cau Calilomia + You are the defendant if your name is listed in @) on page 2 of this form. “° The person suing you is the plaintiff, listed in (1) on page 2. dUL 79 2021 * You and the plaintiff must go to court on the trial date listed below. If you K OF THE COURT do not go to court, you may lose the case. . . * Ifyou lose

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced INUTE ORDERS People of the State of California 21CR 01363A vs. 9:30 AM Pre Preliminary

Ruling 07/08/2021 - Ruling

Superior Court of California County of Kern Bakersfield Division P DATE: July 08, 2021 Time: 8:00 AM - 5:00 PM

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY GILLON, MICHAEL AS TO D...

Plaintiffs Claim and ORDER to Go to Small Claims Court SC- Notice to the person being sued: You are the defendant if your name is listed in (2) on page 2 of this form. The person suing you is the plaintiff, listed in(1) on page 2. You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. Bring witnesses, receipts, and any evidenc

MONEY CLAIM OF PLAINTIFF FOR $1,240.00 FILED BY MORFIT, OLIVIA DIBLASI, ...

Plaintiff's Claim and ORDER SC-100 to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in (2) on page iat thi: The person suing you is the plaintiff, listed in(@4) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you : do not go to court, you may lose the case. + Ifyou lose, the court can order that your wages, money, or property be taken to pay this claim. + Bring witnesses, receipts, and any ev

MONEY CLAIM OF PLAINTIFF FOR $1,912.50 FILED BY PULIDO, FERDINAND AS TO ...

reer) Plaintiff's Claim and ORDER Clerk stamps date here when form Is fled. to Go to Small Claims Court SMALL CLAIMS Notice to the person being sued: me : You are the defendant if your name is listed in (2) on page 2 of this form. Superior Cour vo Cabfomia The person suing you is the plaintiff, listed in(1) on page 2. You and the plaintiff must go to court on the trial date listed below. If you vuL 0 8 2021 do not go to court, you may lose the case. ii (OF TH OURT If you lose, the court can or

MONEY CLAIM OF PLAINTIFF FOR $5,000.00 FILED BY KLEIN, NORMAN AS TO DEFE...

5 00 Plaintiff's Claim and ORDER ler stamps date here when frm fs fled. A El to Go to Small Claims Court ree Notice to the person being sued: oo oo . ESD + says . ‘ ee : Fo 1 Court of Cali * You are the defendant if your name is listed in @) on page 2 of this form. 7 The person suing you is the plaintiff, listed in(1) on page.2:;..; fy ccc rpt ebsa * You and the plaintiff must go to court on the trial date listed belo do not go to court, you may lose the case.” . If you lose, the court can o

MONEY CLAIM OF PLAINTIFF FOR $9,500.00 FILED BY SALES CAMPOS, OLEANDRO C...

y SC-100 Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. : to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in (2) on page 2 of this form. Su perio Court of California The person suing you is the plaintiff, listed [email protected]) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you JUL ~ 8 2021 do not go to court, you may lose the case. Cc K OF THE COURT * Ifyou lose, the

MONEY CLAIM OF PLAINTIFF FOR $1,485.00 FILED BY GALARZA, RENE AS TO DEFE...

sy Plaintiff's Claim and ORDER to Go to Small Claims Court Notice to the person being sued: You are the defendant if your name is listed in 2) on page 2 of this form. The person suing you is the plaintiff, listed in(4) on page 2. You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may, lose the case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. Bring witnesses, receipts, and any evid

Non-Criminal: Minute Order - Child Custody Recommending Counseling

Superior Court of California, County of Merced MINUTE ORDERS Amanda Butler 8:45 AM 5:00 PM vs. Child Custody Recommending Michael Butler

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY CHAMBERLAIN, LUCAS AS T...

oe O V Plaintiff's Claim and ORDER ; aH wei SAMMUT 5 Go to Small Claims Court Gerke stamps dae here when om ee CLAIMS 1 Notice to the person being sued: | ED « You are the defendant if your name is listed in @) on page 2 of this form. FL bu The person suing you is the plaintiff, listed [email protected]) on page 2. 0 8 « You and the plaintiff must go to court on the trial date listed below. If you JUL. 20a do not go to court, you may. lose the case. Cc ar i ni COURT « Ifyou lose, the court can order that

Criminal: Minute Order - Petition

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) SUF18799 vs. 8:30 AM Petition

City of Gridley's Reply in Support of Demurrer to First Amended Complain...

MICHAEL G. COLANTUONO, State Bar No. 143551 Exempt from Filing Fees [email protected] Government Code § 6103 MATTHEW C. SLENTZ, State Bar No. 285143 [email protected] COLANTUONO, HIGHSMITH & WHATLEY, PC 420 Sierr

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY David Roth, Esq. (SBN 194648) Evgenia Jansen (SBN 291570) Manning & Kass, Ellrod, Ramirez, Trester LLP One California Street, Suite 900

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY MAYER, STEVEN AS TO DEF...

Plaintiff's Claim and ORDER ace to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in 2) on page 2 of this form. The person suing you is the plaintiff, listed in (1) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. + Bring witnesses, receipts, and an

1 2 3 4 5 6 7 8 9 10 ... 400     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.