Motion-Secondary: MATTHEW ROBERT HORNER ET AL VS ARMANDO RODRIGUEZ BANDA ET AL

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 08/27/2021 04:44 PM Sherri R. Carter, Executive Officer/Clerk of Court, by L. Coreas,Deputy Clerk




              1        LAW OFFICES OF KIRK, O'CONNOR & MYERS
                       Richard C. Gagliano – SBN: 202388
              2        Amit Palta – SBN: 276487
                       P.O. Box 7218
              3        London, KY 40742
                       Telephone: 818-887-5353
              4        Facsimile: 603-334-7153
                       Email:     Richard.Gagliano@LibertyMutual.com
              5

              6        Attorneys for Defendants,
                       ARMANDO RODRIGUEZ BANDA; LESLIE W. BLAKE; MOON VALLEY NURSERY INC.
              7        d/b/a MOON MOUNTAIN FARMS LLC
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                                                        SUPERIOR COURT OF THE STATE OF CALIFORNIA
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            10                                        COUNTY OF LOS ANGELES – NORTH SPRING STREET

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            12         MATTHEW ROBERT HORNER, an                                                   Case No.:                  BC722801
                       individual, and LISA HORNER, an individual                                  Complaint filed:           September 27, 2018
            13                                                                                     Assigned to:               Honorable Judge Crowley
                                                    Plaintiff,
                                                                                                   Dept.:                     28
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                       vs.
                                                                                                   DEFENDANTS’ OPPOSITION TO
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                       MOON MOUNTAIN FARMS; ARMANDO                                                PLAINTIFFS’ MOTION TO PRECLUDE
            16         RODRIGUEZ BANDA; and DOES 1 through                                         DEFENDANTS FROM OFFERING EXPERT
                       25, Inclusive,                                                              WITNESS TESTIMONY; MEMORANDUM
            17                                                                                     OF POINTS AND AUTHORITIES;
                                                     Defendants.
                                                                                                   DECLARATION OF RICHARD GAGLIANO,
            18                                                                                     ESQ.
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                                                                                                   Date: September 8, 2021
            20                                                                                     Time: 1:30 p.m.

            21                                                                                      TRIAL DATE: October 22, 2021

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                       TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
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                                   COME NOW Defendants, ARMANDO RODRIGUEZ BANDA, LESLIE W. BLAKE,
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                       and MOON VALLEY NURSERY INC d/b/a MOON MOUNTAIN FARMS LLC, (collectively,
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                       “Defendants”) and submit this Opposition to Plaintiffs’ Motion To Preclude Defendants’ Experts
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                       from testifying in this matter and state the following grounds:
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                                   1. The undersigned attorney’s late service of the Defendants’ Expert Designation was
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                                         inadvertent and by mistake. I prepared the Defendants’ Expert Designation and
                         - 1 - DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION TO PRECLUDE DEFENDANTS’ EXPERT WITNESS
                        TESTIMONY; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RICHARD C. GAGLIANO, ESQ.