Motion to Submit Tardy Expert Witness Information in California

(3) Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action. Plaintiff has demonstrated excusable neglect regarding his motion for leave to submit tardy expert witness information.

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.

On December 21, 2022, Defendants filed a Motion for Leave to Submit Tardy Expert Witness List to be heard on January 24, 2023. On January 5, 2023, Plaintiff filed an opposition. Trial is currently scheduled for August 16, 2023. PARTYS REQUESTS Defendants request the Court grant the motion and allow Defendants to submit tardy expert witness information. Plaintiff requests the Court deny the motion.

Defendants and Cross-Complainants move for an order specially setting the expert witness exchange date and for leave to submit tardy expert witness information. // TENTATIVE RULING: Defendants and Cross-Complainants move for an order specially setting the expert witness exchange date and for leave to submit tardy expert witness information.

On May 23, 2019, Defendant served his response to Plaintiff’s demand for expert witness information. Plaintiff did not timely respond to Defendant’s demand. On July 5, 2019, Plaintiff filed the instant motion, which is accompanied by Plaintiff’s expert witness designation, for leave to submit a tardy expert witness designation. (Motion, Casado Decl., Ex. B.) Defendant opposes.

In regards to the request to submit the tardy expert witness information, the Court specifically ruled “[p]laintiff’s Motion to Submit Tardy Expert Witness Information is Denied, Without Prejudice to be renewed expeditiously with full compliance with all statutory requirements.” (Bold lettering included in the original ruling.)

Motion for Order to Leave to Submit Tardy Designation of Expert Witness Under Code of Civil Procedure section 2034.210 subsection (a), any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other’s expert trial witnesses.

Motion for Leave to Submit Tardy Expert Witness Information A party who fails to submit expert witness information on the date specified in a demand for that exchange may seek leave to submit that information on a later date. (CCP § 2034.710(a).) Absent exceptional circumstances, the motion for permission to file a tardy list must be made early enough to permit deposing the experts involved before the 15day cut-off on expert witness depositions. (CCP §§ 2034.710(b), 2024.030.)

Notice And Motion To Submit Tardy Expert Witness List Set for hearing on Tuesday, March 8, 2011. Line 4. PLAINTIFF ISABEL ANCELOVICI'S Motion To Submit Tardy Expert Witness List. Hearing required. = (302/LMG)

Defense counsel then asks Plaintiff to stipulate to Defendants tardy expert designation. The tardy expert designation identifies two retained experts: Ronald Kvitne, M.D., and Tracy L. Witty, OTD. Dr. Kvitne conducted an IME of the Plaintiff. Tracy L. Witty is a medical billing expert. Plaintiff did not agree to the stipulation. On July 31, 2023, Powell and SPS (hereafter, Defendants), filed this motion to submit a tardy expert witness list.

Motion by Plaintiff, Donald Baxter, to Submit Tardy Expert Witness Information, filed on 1/9/18 is GRANTED. Plaintiff has met his burden of establishing mistake, inadvertence, surprise or excusable neglect necessary to support the submittal of tardy expert witness information. Cal. Code Civ. Proc. § 2034.710, 2034.720. The court can allow a late expert designation if the motion is made a sufficient time in advance of the time limit for completion of discovery to permit the deposition of any expert.

Analysis Plaintiff seeks leave to submit a tardy expert witness designation and reopen discovery due to a clerical error . After consideration of the factors, the Court finds Plaintiff is not entitled to an order relieving Plaintiff of her waiver to submit an expert witness designation. The Applicable Test (Code Civ.

Hakim fails to satisfy his burden as the party seeking to submit tardy expert information A. Hakim fails to satisfy the requirements under CCP §2034.710 entitling him to bring this motion 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. CCP §2034.710(a).

The minute order also provides that t he Hearing on Motion for Leave To Permit Tardy Expert Witness Designation scheduled for 04/19/2023 is advanced to this date and continued to 09/21/22& Attached as Exhibit J to Plaintiffs August 26, 2022 ex parte application is a Motion for Leave to Submit Tardy Expert Witness Information, and For Relief Pursuant to CCP Sections 2034.710 et seq . and 473(b) . Defendant opposes the motion.

Motion for Leave to Submit Tardy Expert Witness Information Legal Standard A party who fail s to submit expert witness information on the date specified in a demand for that exchange may seek leave to submit that information on a later date . (CCP § 2034.710(a).) Absent exceptional circumstances, the motion for permission to file a tardy list must be made early enough to permit deposing the experts involved before the 15day cut-off on expert witness depositions .

CASE NO: BC670267 [TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO SUBMIT TARDY EXPERT WITNESS INFORMATION Dept. 3 1:30 p.m. February 20, 2019 Plaintiff Jacqueline Williams’ motion for leave to submit tardy expert witness information is GRANTED, and Plaintiff is hereby granted leave to submit her tardy expert information to the parties. I.

The Court agrees that the only material difference between the statutes is that in order to submit a tardy expert witness list, a moving party must show that it failed to submit the expert witness list as a result of mistake, inadvertence, surprise, or excusable neglect whereas a motion to augment an expert witness list requires the moving party show either : (1) the moving party would not in the exercise of reasonable diligence have determined to call that expert witness or have decided to offer the different

The court encourages the parties to meet and confer concerning expert issues and attempt to resolve the issues without court intervention if possible. Defendant’s motion to compel responses to supplemental discovery, motion to submit tardy expert witness information, and motion to compel Plaintiff’s expert’s depositions are denied. Defendant is ordered to give notice.

On June 2, 2022, Plaintiff filed a Motion for Leave to Submit Tardy Expert Witness List to be heard on June 28, 2022. The motion was continued to June 16, 2022. The City filed an opposition on June 13, 2022. Trial is currently scheduled for July 14, 2022. PARTYS REQUESTS Plaintiff requests the Court grant the motion and allow Plaintiff to submit tardy expert witness information.

Defendant Kia Motors America, Inc.’s Motion to Submit Tardy Expert Witness Information is GRANTED. MOTION TO SUBMIT TARDY EXPERT WITNESS INFORMATION (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.

Case Number: BC720986 Hearing Date: July 17, 2023 Dept: 52 Plaintiff Donnie Muldrows Motion for Leave to Submit Tardy Expert Witness Information Plaintiff Donnie Muldrow moves for leave to submit tardy expert witness information regarding expert witness Darryl Zengler.

.: BC579784 [TENATATIVE] ORDER GRANTING MOTION FOR LEAVE TO SUBMIT TARDY EXPERT WITNESS DESIGNATION 1. Background Facts Plaintiff, Robert Macias filed this action against Defendant, Zachary Allan Zimmerman for damages arising out of an automobile accident. Plaintiff filed the complaint on 4/23/15. The action is set for trial on 10/24/16, and the FSC is scheduled for 10/06/16. 2. Expert Exchange Defendant served an expert exchange demand on 8/02/16, setting the exchange date for 9/06/16.

On August 26, 2022, the court denied without prejudice defendants motion to submit tardy expert witness information because they did not comply with CCP §2034.720(c)(3) by serving a copy of the proposed expert witness information as is required and was not going to be able to make the expert available immediately for a deposition.

Plaintiffs NEJERO VANN and JACLYN VANN ("Plaintiffs") seek to submit tardy expert witness information under CCP section 2034.710, which provides "the court may grant leave to submit that information on a later date." (Code Civ. Proc., § 2034.710(a).)

Plaintiff Susan Scott brings this motion, seeking leave to submit tardy expert witness information in order to designate Dr. Korsh as an expert, and for leave to depose defendant's expert, Dr. Schiffman. Tardy Expert Designation At the CMC on September 9, 2016, the Court set the following deadlines: First exchange of experts on October 28, 2016, second exchange of experts on November 11, 2016, and discovery cut-off on December 16, 2016. Defendant timely designated Dr. Schiffman as an expert.

The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a ) the court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses; (b ) the court has determined that any party opposing the motion will not be prejudiced in maintaining that party’s act ion or defense on the merits; (c ) the court has determined that the moving party did all of the following: (1) failed to submit

.: BC636563 [TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO SUBMIT TARDY EXPERT WITNESS DESIGNATION Dept. 3 1:30 p.m. April 27, 2018 1. Background Facts Plaintiff, Sarah Viden filed this action against Defendant, Costco Wholesale Corporation for damages arising out of a slip and fall accident. Plaintiff served an expert exchange demand on 1/24/18, setting the exchange date for 2/19/18. Defendant served an expert exchange demand on 1/29/18, setting the exchange date for 2/20/18.

The motion of defendants to submit tardy expert witness information is DENIED. The motion (brought ex parte just six calendar days before trial) does not meet the mandatory requirements for permissive relief: 1. the motion was not accompanied by a meet and confer declaration (Code Civ. Proc., § 2034.710, subd. (c)); 2. the plaintiff (who is entitled to trial preference under Code of Civil Procedure section 36) will be prejudiced in maintaining her action by a tardy submission (Code Civ.

Plaintiff moves for an order allowing Plaintiff to amend or augment the Expert Witness Designation List and to submit tardy expert witness information in the above-entitled action. Defendants oppose the motion. Preliminarily the Court notes that on December 14, 2022, this Court denied Plaintiffs request to augment the expert witness list for lack of standing per Code of Civil Procedure section 2034.610, subdivision (a). (See December 14, 2022 Minute Order.)

Plaintiff also promptly sought leave to submit the tardy information, which included service of the proposed expert witness information on Defendant. Accordingly, Plaintiff's motion is granted. Plaintiff is permitted to submit the proposed tardy expert witness designation and declaration attached as Exhibit A to the declaration of Maura Griffin. (ROA #71.) This order is conditioned on Plaintiff making Mr. Rimar available for deposition. Defendant is entitled to designate her own expert to rebut Mr.

Absent “exceptional circumstances,” the motion for permission to file a tardy list must be made early enough to permit deposing the experts involved before the 15–day cut-off on expert witness depositions. (CCP §§ 2034.710(b), 2024.030.) The court may permit tardy submission of expert witness lists and information if the following matters are shown (CCP § 2034.720): (a) Excuse: The failure to exchange expert witness information on time resulted from “mistake, inadvertence, surprise or excusable neglect.”

MOTION FOR LEAVE TO To Submit Tardy Expert Witness Infor Hearing set for Friday, June 7, 2013, Line 6. Defendant CITY AND COUNTY OF SAN FRANCISCO'S Motion for Leave to Submit Tardy Expert Witness Information Pro Tem Judge Peter Van Zandt, 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.

Notice Of Motion And Motion For Order Seeking Leave To Submit A Tardy Expert Witness List Matter on calendar for Tuesday, November 18, 2014, Line 3, DEFENDANT THOMAS MCAVOY, TRACY MCCLENDON Motion For Order Seeking Leave To Submit A Tardy Expert Witness List. Pro Tem Judge Steven Stein, 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.

Defendants seek leave to submit a tardy expert witness designation identifying Thomas Fugger, P.E. and Steven Nagelberg, M.D. as their experts. The expert witness exchange was scheduled to occur on September 27, 2022. Defendants served their expert witness list one day late on September 28, 2022. Defense counsel, Byron M. Purcell declares that over the past couple of weeks, he has been dealing with a personal matter that has limited his time at work. (Purcell Decl., ¶ 5.) Mr.

Motion for Leave to Submit Tardy Witness Information CCP §2034.710 provides: (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.

As set forth above, pursuant to Code of Civil Procedure section 2034.720, [t]he court shall grant leave to submit tardy expert witness information only if certain conditions are satisfied, including that the moving party [s]ought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect, and [p] romptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action

The minute order also provides that t he Hearing on Motion for Leave To Permit Tardy Expert Witness Designation scheduled for 04/19/2023 is advanced to this date and continued to 09/21/22& Attached as Exhibit J to Plaintiffs August 26, 2022 ex parte application is a Motion for Leave to Submit Tardy Expert Witness Information, and For Relief Pursuant to CCP Sections 2034.710 et seq. and 473(b) . Defendant opposes the motion.

After considering all of the factors of Code of Civil Procedure section 2034.720, the court GRANTS Plaintiff’s Motion to Submit a Tardy Expert Designation. This relief is conditioned on Plaintiff making his expert immediately available for deposition. (Code Civ. Proc., § 2034.720, subd. (d).) In addition, the court CONTINUES the 15-day discovery cut-off to complete expert witness discovery only to the continued trial date of __________________________.

The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) the court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses; (b) 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; (c) the court has determined that the moving party did all of the following: (1) failed to submit the information

Motion Plaintiff moves for an order to submit a tardy expert designation. Plaintiff argues she will suffer irreparable prejudice if not allowed to submit a tardy designation because she will be unable to sustain her burden of proof as to liability and damages. A party, who failed to submit expert witness information on the date specified, may move for leave to submit that information on a later date. (CCP § 3034.710(a).)

The court may permit tardy submission of expert witness lists and information if the following matters are shown (CCP § 2034.720): (a) Excuse: The failure to exchange expert witness information on time resulted from mistake, inadvertence, surprise or excusable neglect. (CCP §2034.720(c)(1).)

Bakti contends that the court must grant its motion to submit tardy expert witness information for all of the following reasons (1) Daho has not “heavily relied upon” the absence of Bakti’s expert witness information, (2) Bakti’s failure to timely submit expert witness information was the result of mistake, inadvertence or excusable neglect and (3) Bakti will immediately make its experts available for deposition. (Motion, 6-8.)

On March 22, 2024, Defendant Mario Hernandez Luna (Defendant) filed the instant motion for leave to submit tardy expert witness information under Code of Civil Procedure sections 2034.710 and 2034.720. Trial is currently scheduled for May 1, 2024. No opposition has been filed.

CASE NO: BC628642 [TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR AN ORDER GRANTING LEAVE TO PROVIDE TARDY EXPERT WITNESS DISCLOSURES; IMPOSING SANCTIONS Dept. 3 1:30 p.m. June 13, 2018 1. Background Concerning Expert Exchange The parties’ expert witness exchange was scheduled to take place on 5/14/18. Defendants provided their expert information, but Plaintiff failed to do so.

.: 19STCV11985 [TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR LEAVE TO SUBMIT A TARDY EXPERT WITNESS DESIGNATION Dept. 27 8:30 a.m. March 3 , 2021 On September 2 , 2020, Plaintiffs filed this Motion for leave to submit a tardy expert witness designation . The Motion was originally set for hearing on February 16, 2021.

Pursuant to Code of Civil Procedure section 2034.720, the court shall grant leave to submit tardy expert witness information only if, among other requirements, the moving party did all of the following: - Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect. - Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect.

.: 20STCV47973 [TENTATIVE] ORDER RE: MOTION FOR LEAVE TO SUBMIT TARDY EXPERT WITNESS LIST Dept. 27 1:30 p.m. July 8, 2022 On December 16, 2020, plaintiffs Diana Vizcarra and Julio Molina (collectively, Plaintiffs) filed this action against defendant Jesse Albert Dicamillo (Defendant) arising from a January 3, 2019, motor vehicle accident.

That section permits a party to augment their witness list if they had engaged in a timely exchange of expert witness information, which Plaintiff did not do. However, the court granted leave for Plaintiff to submit a tardy designation because Plaintiff made the required showing on 1/31/18. Regardless, Plaintiff is substituting experts, not augmenting an existing expert witness list. Plaintiff has demonstrated that he failed to designate another expert for Ms.

See ROA 57, Libman declaration, Ex. 6 (the tardy expert witness information); see also ROA 59, Exhibit List, Ex. 6 (same). The tardy expert witness information violates Local Rule 2.1.11 ("one expert per field of expertise per side") and Code of Civil Procedure section 2034.260 (included expert witness information).

Motion to Submit Tardy Expert Information Defendants' motion to submit tardy expert information (ROA # 209) is granted. The Court has carefully considered the arguments and authorities by both parties and is persuaded that: (a) all of the conditions listed in CCP §§ 2034.610 and 2034.620 are satisfied and (b) this is an appropriate case for the Court to allow the tardy expert witness designation. Thus, the expert witness designation attached as Exhibit B to the Declaration of Attorney John J.

LEGAL AUTHORITY Under CCP §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.

. §2034.280(a) authorizes “any party who engaged in the [initial] exchange” to “submit a supplemental expert witness list”, within 20 days of the initial exchange. While C.C.P. §2034.710 authorizes a party to move for submit tardy expert witness information, there are various requirements and limitations. A meet and confer declaration must accompany the motion. C.C.P. §2034.710(c). Proof of service must be filed to confirm service of each and every document filed in support of the motion. C.C.P. §1010.

The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) the court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses; (b) the court has determined that any party opposing the motion will not be prejudiced in maintaining that partys action or defense on the merits; (c) the court has determined that the moving party did all of the following: (1) failed to submit the information

DEFENDANT: GOLDEN GATE PEDIATRICS, ET AL NATURE OF PROCEEDINGS: 1) MOTION — TO SUBMIT TARDY EXPERT ~ INFORMATION [PLTF] DOMINIC DAHER [PLTF] STACY DAHER 2) MOTION — TO RE-OPEN DISCOVERY AND SUBMIT TARDY EXPERT INFORMATION [MINR] DORIS DAHER RULING The Court GRANTS Plaintiff's Motion to Reopen Discovery to Submit Tardy Expert Information, subject to Plaintiff making the experts immediately available for deposition and Plaintiff paying all reasonable costs associated with the depositions including expedited transcript

DEFENDANT: GOLDEN GATE PEDIATRICS, ET AL NATURE OF PROCEEDINGS: 1) MOTION — TO SUBMIT TARDY EXPERT ~ INFORMATION [PLTF] DOMINIC DAHER [PLTF] STACY DAHER 2) MOTION — TO RE-OPEN DISCOVERY AND SUBMIT TARDY EXPERT INFORMATION [MINR] DORIS DAHER RULING The Court GRANTS Plaintiff's Motion to Reopen Discovery to Submit Tardy Expert Information, subject to Plaintiff making the experts immediately available for deposition and Plaintiff paying all reasonable costs associated with the depositions including expedited transcript

DEFENDANT: GOLDEN GATE PEDIATRICS, ET AL NATURE OF PROCEEDINGS: 1) MOTION — TO SUBMIT TARDY EXPERT ~ INFORMATION [PLTF] DOMINIC DAHER [PLTF] STACY DAHER 2) MOTION — TO RE-OPEN DISCOVERY AND SUBMIT TARDY EXPERT INFORMATION [MINR] DORIS DAHER RULING The Court GRANTS Plaintiff's Motion to Reopen Discovery to Submit Tardy Expert Information, subject to Plaintiff making the experts immediately available for deposition and Plaintiff paying all reasonable costs associated with the depositions including expedited transcript

DEFENDANT: GOLDEN GATE PEDIATRICS, ET AL NATURE OF PROCEEDINGS: 1) MOTION — TO SUBMIT TARDY EXPERT ~ INFORMATION [PLTF] DOMINIC DAHER [PLTF] STACY DAHER 2) MOTION — TO RE-OPEN DISCOVERY AND SUBMIT TARDY EXPERT INFORMATION [MINR] DORIS DAHER RULING The Court GRANTS Plaintiff's Motion to Reopen Discovery to Submit Tardy Expert Information, subject to Plaintiff making the experts immediately available for deposition and Plaintiff paying all reasonable costs associated with the depositions including expedited transcript

DEFENDANT: GOLDEN GATE PEDIATRICS, ET AL NATURE OF PROCEEDINGS: 1) MOTION — TO SUBMIT TARDY EXPERT ~ INFORMATION [PLTF] DOMINIC DAHER [PLTF] STACY DAHER 2) MOTION — TO RE-OPEN DISCOVERY AND SUBMIT TARDY EXPERT INFORMATION [MINR] DORIS DAHER RULING The Court GRANTS Plaintiff's Motion to Reopen Discovery to Submit Tardy Expert Information, subject to Plaintiff making the experts immediately available for deposition and Plaintiff paying all reasonable costs associated with the depositions including expedited transcript

DEFENDANT: GOLDEN GATE PEDIATRICS, ET AL NATURE OF PROCEEDINGS: 1) MOTION — TO SUBMIT TARDY EXPERT ~ INFORMATION [PLTF] DOMINIC DAHER [PLTF] STACY DAHER 2) MOTION — TO RE-OPEN DISCOVERY AND SUBMIT TARDY EXPERT INFORMATION [MINR] DORIS DAHER RULING The Court GRANTS Plaintiff's Motion to Reopen Discovery to Submit Tardy Expert Information, subject to Plaintiff making the experts immediately available for deposition and Plaintiff paying all reasonable costs associated with the depositions including expedited transcript

DEFENDANT: GOLDEN GATE PEDIATRICS, ET AL NATURE OF PROCEEDINGS: 1) MOTION — TO SUBMIT TARDY EXPERT ~ INFORMATION [PLTF] DOMINIC DAHER [PLTF] STACY DAHER 2) MOTION — TO RE-OPEN DISCOVERY AND SUBMIT TARDY EXPERT INFORMATION [MINR] DORIS DAHER RULING The Court GRANTS Plaintiff's Motion to Reopen Discovery to Submit Tardy Expert Information, subject to Plaintiff making the experts immediately available for deposition and Plaintiff paying all reasonable costs associated with the depositions including expedited transcript

Code of Civil Procedure section 2034.710 provides: “(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.

To deny plaintiffs’ motion for leave to serve a tardy expert witness designation. (Code Civ. Proc. §§ 2034.710, 2034.720.)

Defendant’s Motion for Leave to Submit Tardy Expert Witness Information, filed on 10/17/18, is GRANTED. Plaintiff has met the statutory requirements to permit a late designation under Cal. Code Civil Procedure § § 2034.710, 2034.720. Plaintiff is ordered to immediately make his experts immediately available for deposition. Cal Code Civil Procedure § 2034.720(d).

Defendant’s Motion for Leave to Submit Tardy Expert Witness Information, filed on 10/17/18, is GRANTED. Defendant has met the statutory requirements to permit a late designation under Cal. Code Civil Procedure § 2034.720. Defendant is ordered to immediately make its expert, George Chow, M.D., available for deposition. The motion is not untimely made after motion cut off as Plaintiff contends. Defendant appeared ex parte on 9/17/18 to continue trial.

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SUBMIT TARDY EXPERT DESIGNATION On December 14, 2016, Plaintiff Patrick Magrath (“Plaintiff”) filed this action against Defendant Phillip Noto (“Defendant”) for motor vehicle and general negligence relating to a January 2, 2015 automobile collision. Trial in this matter is set for April 9, 2019. Plaintiff seeks leave to submit a tardy expert designation. Simultaneous exchange of expert designations was due on October 29, 2018. (Declaration of Suanne I.

CASE NO: BC570898 [TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO CONTINUE TRIAL AND MOTION TO SUBMIT TARDY EXPERT WITNESS DESIGNATION Plaintiffs, William and Kathy Parks filed this action against Defendants, Luke and Mary Kinter for damages arising out of an automobile accident. Plaintiffs filed the lawsuit on 1/29/15. The parties agreed, via stipulation, to continue the trial date from 7/29/16 to 2/02/17, and then to 4/04/17.

Defendant argues that it timely served a Reservation of Rights to Designate Expert Witnesses. In any event, defendant argues the court should grant it leave to submit a tardy Expert Witness Designation under CCP § 2034.720. There is more than sufficient time to depose the expert witnesses and there is no prejudice to plaintiff on the merits of the case, whereas substantial prejudice will result to defendant if it is not permitted to call an expert witness at trial.

Defendants now move for an order granting them leave to file a tardy disclosure of expert witness Kevin Henry. Plaintiff opposes. Discussion Pursuant to Code of Civil Procedure section 2034.710, subdivision (a) , [o]n 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.

Motion on Calendar On January 29, 2024, Plaintiff filed a motion for leave to submit a tardy expert witness list. On January 30, 2024, Defendants filed an opposition brief. LEGAL STANDARD CCP § 2034.710 states: (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.

Legal Standard-Tardy Expert Lists A party may obtain relief from a failure to timely serve expert witness information pursuant to CCP § 2034.720: The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses.

DISCUSSION Pursuant to CCP §§2034.710 and 2034.720, defendants (self-represented) request leave to submit tardy expert witness information. In opposition, plaintiff contends that defendants have not served a copy of the proposed expert witness information and thus the motion should be denied.

Exceptional circumstances are required for a later motion to submit tardy expert witness information. See Cottini v.

Motion to Allow Tardy Disclosure of Expert Witness filed by Hyundai Motor America Defendant Hyundai Motor America’s Motion to Allow Tardy Disclosure of Expert Witness is GRANTED. The Court has not been presented with a copy of the tardy expert disclosure served by Defendant on March 11, 2021. Nonetheless, it shall be permitted to the extent that experts are actually identified by name, and all information has been provided pursuant to Code. The Court does not allow any tardy “TBD” designations.

Gallemore, M.D. and Retina Macula Institute to allow tardy filing of expert witness information (CCP §§ 2034.70, 2034.720) is granted.

The motion for leave to submit tardy expert witness information is taken off calendar as moot.

MOTION FOR LEAVE TO SUBMIT MCANINCH VS DIAMOND TARDY EXPERT WITNESS CVSW2000374 VALLEY GARAGE DOOR INFORMATION BY DIAMOND VALLEY INC. GARAGE DOOR INC., BRIAN W BEEGHLY Tentative Ruling: MOOT

However, as set forth above, pursuant to Code of Civil Procedure section 2034.720, [t]he court shall grant leave to submit tardy expert witness information only if certain conditions are satisfied, including that the moving party [s]ought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect, and [p] romptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared

Motion for Order Specially Setting Expert Exchange Date and Leave to Submit Tardy Expert Witness Information Defendants and Cross-Complainants move for an order specially setting the expert witness exchange date and for leave to submit tardy expert witness information. As the Court ruled on October 9, 2023, this motion is only timely if discovery is reopened. (October 9, 2023 Minute Order.)

The Cottini court found the Plaintiff’s did not act diligently in disclosing expert witnesses while the motion was pending. Here, Defendants served their untimely designation on 9/25/17, immediately upon discovery of their error. Davidian Declaration ¶ 3. Cottini at 421. The court can permit leave for a party to submit tardy expert witness information if there is no prejudice to opposing parties, and the motion is based on mistake, inadvertence, surprise or excusable neglect.

CCP §2034.210 provides for the simultaneous exchange of expert trial witness information. A party who failed to exchange the information under CCP § 2034.260 on time may seek leave to submit the required material on a later date. (CCP § 2034.710(a).) Absent “exceptional circumstances” the motion for permission to file a tardy list must be made early enough to permit deposing the experts involved before the 15 day cut off on expert witness deposition. (CCP §§ 2034.710(b), 2024.030.)

Subject to certain exceptions for motions to augment and to make tardy designations, on objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the following: (a) List that witness as an expert under Section 2034.260. (b) Submit an expert witness declaration.

The court may permit tardy submission of expert witness lists and information if the following matters are shown (CCP § 2034.720): (a) Excuse: The failure to exchange expert witness information on time resulted from “mistake, inadvertence, surprise or excusable neglect.” (CCP §2034.720(c)(1).)

Plaintiff’s motion in limine number one is made on the grounds that: (1) Defendant demanded a mutual and simultaneous exchange of expert information, received expert witness information from Plaintiff and other parties yet failed to participate in the exchange; (2) Defendant failed to obtain leave of court to submit tardy expert information; and (3) Defendant’s experts’ testimony is not necessary or helpful to resolve the disputed issues.

FOUR SEASONS LANDSCAPE EVENT: Eastwin LLC’s Motion to Submit Tardy Expert Witness Information The Court finds that Plaintiff has presented no evidence of exceptional circumstances to warrant consideration of this Motion beyond the statutory deadline set forth in Code of Civil Procedure §2034.710(b). The Motion is untimely and is denied. The Defendant’s request for sanctions is granted in the amount of $3,200, which is to be paid within 30 days’ notice of this ruling.

LEGAL STANDARD CCP §2034.710 provides: (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.

Defendant FCA US LLC moves for an order allowing it to submit tardy expert information. Legal Standard Code of Civil Procedure §2034.710 provides: (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.

CCP § 2034.710(a) allows the court to grant leave to a party to submit expert witness information at a later date when the party has failed to submit expert witness information on the date specified in the demand for that exchange.

Thus, the court shall grant leave to submit tardy expert witness information only if certain conditions were satisfied, including the court determining that the moving party promptly served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action. ( CCP § 2034.720 (c)(3).)

Here, the inadvertence was reasonable given that in the middle of the original expert exchange process, the trial date was continued, and Defendants served a new demand for expert exchange based on the new trial date. Declaration of Michael Reid, paragraph 5, Exhibit 2. Plaintiff did not re-submit her designation based on the continued trial date, nor did she object, resulting in a tardy supplemental designation. Id. paragraph 6.

DISCUSSION Defendants request that the court allow defendants’ Amended Expert Witness Designation pursuant to CCP section 2034.720 and Cal. Rules of Court Rule 3.1332. Under CCP section 2034.720, “The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses.

The Court intends to DENY Plaintiffs Peter Gerlach and Bradina LLC's motion to exclude Defendants' expert witness Karl Schulze from testifying at trial for the following reasons: (1) The evidence shows that following the Court's 9/3/10 minute order allowing Defendants to designate a tardy expert witness, Defendants offerred to produce Mr. Schulze for deposition on 10/11/10 and 11/3/10, both of which dates were agreeable to Plaintiffs.

That section provides, in full: “The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: “(a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses. “(b) 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.

That section provides, in full: “The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: “(a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses. “(b) 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.

Proc., § 2034.710 The court can permit leave for a party to submit tardy expert witness information if there is no prejudice to opposing parties, Defendant promptly seeks relief, and the motion is based on mistake, inadvertence, surprise or excusable neglect. Cal Code Civil Procedure §2034.720. Defendant has not shown that his failure to timely designate was due to mistake, inadvertence, surprise, or excusable neglect.

A party who has already exchanged expert witness information may desire to: (1) add subsequently retained experts on topics covered in his or her original designation; (2) amend his or her expert witness declaration to expand upon the testimony an already designated expert will give; or (3) replace a previously designated expert with a new expert. In such a case, the party must make a motion to augment or amend its expert witness designation. Code Civ. Proc. § 2034.610(a); Richaud v.

Expert Witness Exchange California Code of Civil Procedure section 2034.710 provides: “(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.

CCP 2034.720 The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses. (b) 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.

In essence, plaintiffs have not established excusable neglect nor a reasonable mistake needed to support a tardy expert witness designation. Accordingly, the defense motion to strike plaintiffs' tardy expert declaration is granted, and plaintiffs' motion to extend expert witness designation is denied. Plaintiffs' expert witness information is excluded.