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Kimberly S. Obcrrccht [C.S.B. No. 190794] SUPERIOR §0L%T%FDCALIFORNIA
Cherie A. Engc [C.S.B. No. 134998] COUNTYCfifgy/gfgfimomo
fihcycnne J. Page [C.S.B. N0. 323354]
0 RTON, OBERRECIYI ‘
V
& KIRKPATRICK 4 2022
101 W. Broadway, Suite 600 JUN 1
San Diego, California 92 1 01
(619) 232-1183 * (619) 696-5719 [facsimile] BV
ePhanie Reed, Deputy
Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA
WHOLESALE NURSERY dba COLORAMA
SUPERIOR COURT OF TIIE STATE 0F CALIFORNIA
IN AND FOR TIIE COUNTY OF SAN BERNARDINO
lO CENTRAL JUDICIAL DISTRICT
ll BRIAN MAI IAFFEY & ASHLEY MAIIAFFEY, ) CASE N0. CIVI)Sl908657
)
12 Plaintiff, ) DEFENDANTS’ OPPOSITION TO
) PLAINTIFFS’ MOTION TO
l3 vs. AUGMENT PLAINTIFFS’ EXPERT
3 WITNESS DESIGNATION
l4 RICHARD WILSON; JOSE MEDINA; )
COLORAMA WHOLESALE NURSERY dba ) Action Filed: March 21, 2019
15 COLORAMA, and DOES 1 through 100, ) Trial Date: September 12, 2022
Inclusive, )
l6 ) Hearing Date: June 27, 2022
Defendants. ) Time: 8:30 a.m.
l7 ) Dept: S30
)
l8 )
l9 Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE
20 NURSERY dba COLORAMA (“Defendants”), submit the following Memorandum of Points and
21 Authorities in opposition t0 Plaintiffs BRIAN MAIIAFFEY and ASI ILEY MAIIAFFEY’S
22 (“Plaintifi’s”) Motion to augment Plaintiffs’ supplemental expert designation served 0n September
23 10, 2021.
24 I. STATEMENT OF FACTS
25 Thc instant matter arises out 0f an automobile accident that occurred on April 10, 2018, in
26 Yucca Valley, CA.
27 ///
28 ///
Dcfcndants’ Opposition 'l'o l’laintifi‘s’ 'l‘o
Motion Augmcnl Their Expert Designation
1.
II. PROCEDURAL HISTORY
Plaintiffs filed this personal injury civil action on March 21, 2019. (CAE fl 4.) On January
25, 2021, Plaintiffs and Defendants served their first written exchange of required expert witness
information in preparation for the March 15, 2021 trial. (CAE 11 5.) Thc only two retained experts
designated by either party were in thc fields 0f orthopedics and ncuro-psychology. (CAB fl 6.)
Defendants served thcir supplemental written exchange 0f cxpcrt witness information 0n June 18,
2021 and Plaintiffs served their supplemental designation 0n September 10, 2021. (CAE W 7, 8.)
Plaintifis’ September 10, 2021 supplemental designation identified Huma Haidcr, MD, a
neurologist, Scan Mahan, MD, ncuro—radiologist, and Formuzis, Hunt, and Lanning Inc. on thc issue
10 0f future wage loss. (CAB fl 8.) Plaintiff’s then voluntarily withdrew their designation 0f
ll neurologist, Huma IIaidcr, MD.
12 On September 29, 2021, thc Court issued a Minute Order continuing trial to January 31,
l3 2022 and further ordered that "discovery is to remain closed" but for the depositions noticed at that
l4 time, and "no ncw doctors or property experts will be allowed". (CAB fl 10.) Defendants moved
15 0n December 7, 2021 by way of statutory briefing period to strike Plaintii‘fs’ September 10, 2021
l6 Supplemental Expert Designation as being in Violation 0f C.C.P.§ 2034.280(a) because it added
l7 experts in entirely ncw fields that wcrc not rebuttal in nature. (CAE 1] 14.) Alternatively,
18 Defendants sought leave 0f court to augment Dcfcndants’ June 18, 2021 supplemental designation
1.9 t0 substitute Dr. Brant-Zawadzki for Dr. Rothman who was recently deceased. (CAB fl 15.) In
20 response t0 the December 2021 motion, thc Court allowed Plaintiffs to kccp the newly added experts
21 but also allowed Dcfcndants’ leave t0 substitute Dr. Brant—Zawadzki for Dr. Rothman. (CAE 1| 16.)
22 Defendants wcrc further ordered t0 produce Dr. Brant—Zawadzki within 30 days for deposition.
23 (CAE fl 16.)
24 As 0f December 2021, each party had designated a ncuropsychologist, orthopedist,
25 ncuroradiologist and CPA; conducted depositions; and wcrc ready to proceed to trial. (CAB fl 11.)
26 However, despite this fact, Plaintiffs continue t0 burden thc Court with applications and motions t0
27 augment expert designation. In January 2022, Plaintiffs filed an ex parte application t0 further
28 augment their expert designations with ncuro surgeon, Dr. Filler. Plaintiffs’ ex parte application was
Dcfcndants’ Opposition 'I‘o l’laintifl‘s’
Motion 'l‘o
Augmcnt Their Expcn Designation
2.
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Kimberly S. Obcrrccht [C.S.B. No. 190794] SUPERIOR §0L%T%FDCALIFORNIA Cherie A. Engc [C.S.B. No. 134998] COUNTYCfifgy/gfgfimomo fihcycnne J. Page [C.S.B. N0. 323354] 0 RTON, OBERRECIYI ‘ V & KIRKPATRICK 4 2022 101 W. Broadway, Suite 600 JUN 1 San Diego, California 92 1 01 (619) 232-1183 * (619) 696-5719 [facsimile] BV ePhanie Reed, Deputy Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE NURSERY dba COLORAMA SUPERIOR COURT OF TIIE STATE 0F CALIFORNIA IN AND FOR TIIE COUNTY OF SAN BERNARDINO lO CENTRAL JUDICIAL DISTRICT ll BRIAN MAI IAFFEY & ASHLEY MAIIAFFEY, ) CASE N0. CIVI)Sl908657 ) 12 Plaintiff, ) DEFENDANTS’ OPPOSITION TO ) PLAINTIFFS’ MOTION TO l3 vs. AUGMENT PLAINTIFFS’ EXPERT 3 WITNESS DESIGNATION l4 RICHARD WILSON; JOSE MEDINA; ) COLORAMA WHOLESALE NURSERY dba ) Action Filed: March 21, 2019 15 COLORAMA, and DOES 1 through 100, ) Trial Date: September 12, 2022 Inclusive, ) l6 ) Hearing Date: June 27, 2022 Defendants. ) Time: 8:30 a.m. l7 ) Dept: S30 ) l8 ) l9 Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE 20 NURSERY dba COLORAMA (“Defendants”), submit the following Memorandum of Points and 21 Authorities in opposition t0 Plaintiffs BRIAN MAIIAFFEY and ASI ILEY MAIIAFFEY’S 22 (“Plaintifi’s”) Motion to augment Plaintiffs’ supplemental expert designation served 0n September 23 10, 2021. 24 I. STATEMENT OF FACTS 25 Thc instant matter arises out 0f an automobile accident that occurred on April 10, 2018, in 26 Yucca Valley, CA. 27 /// 28 /// Dcfcndants’ Opposition 'l'o l’laintifi‘s’ 'l‘o Motion Augmcnl Their Expert Designation 1. II. PROCEDURAL HISTORY Plaintiffs filed this personal injury civil action on March 21, 2019. (CAE fl 4.) On January 25, 2021, Plaintiffs and Defendants served their first written exchange of required expert witness information in preparation for the March 15, 2021 trial. (CAE 11 5.) Thc only two retained experts designated by either party were in thc fields 0f orthopedics and ncuro-psychology. (CAB fl 6.) Defendants served thcir supplemental written exchange 0f cxpcrt witness information 0n June 18, 2021 and Plaintiffs served their supplemental designation 0n September 10, 2021. (CAE W 7, 8.) Plaintifis’ September 10, 2021 supplemental designation identified Huma Haidcr, MD, a neurologist, Scan Mahan, MD, ncuro—radiologist, and Formuzis, Hunt, and Lanning Inc. on thc issue 10 0f future wage loss. (CAB fl 8.) Plaintiff’s then voluntarily withdrew their designation 0f ll neurologist, Huma IIaidcr, MD. 12 On September 29, 2021, thc Court issued a Minute Order continuing trial to January 31, l3 2022 and further ordered that "discovery is to remain closed" but for the depositions noticed at that l4 time, and "no ncw doctors or property experts will be allowed". (CAB fl 10.) Defendants moved 15 0n December 7, 2021 by way of statutory briefing period to strike Plaintii‘fs’ September 10, 2021 l6 Supplemental Expert Designation as being in Violation 0f C.C.P.§ 2034.280(a) because it added l7 experts in entirely ncw fields that wcrc not rebuttal in nature. (CAE 1] 14.) Alternatively, 18 Defendants sought leave 0f court to augment Dcfcndants’ June 18, 2021 supplemental designation 1.9 t0 substitute Dr. Brant-Zawadzki for Dr. Rothman who was recently deceased. (CAB fl 15.) In 20 response t0 the December 2021 motion, thc Court allowed Plaintiffs to kccp the newly added experts 21 but also allowed Dcfcndants’ leave t0 substitute Dr. Brant—Zawadzki for Dr. Rothman. (CAE 1| 16.) 22 Defendants wcrc further ordered t0 produce Dr. Brant—Zawadzki within 30 days for deposition. 23 (CAE fl 16.) 24 As 0f December 2021, each party had designated a ncuropsychologist, orthopedist, 25 ncuroradiologist and CPA; conducted depositions; and wcrc ready to proceed to trial. (CAB fl 11.) 26 However, despite this fact, Plaintiffs continue t0 burden thc Court with applications and motions t0 27 augment expert designation. In January 2022, Plaintiffs filed an ex parte application t0 further 28 augment their expert designations with ncuro surgeon, Dr. Filler. Plaintiffs’ ex parte application was Dcfcndants’ Opposition 'I‘o l’laintifl‘s’ Motion 'l‘o Augmcnt Their Expcn Designation 2.