On March 21, 2019 a
Motion-Secondary
was filed
involving a dispute between
Mahaffey, Ashley,
Mahaffey, Brian,
and
Colorama Wholesale Nursery,
Medina, Jose,
Wilson, Richard,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
Robert Weinstein [Bar No. 140412]
ROBERT S. WEINSTEIN & ASSOC.
12401 Wilshire Boulevard, Suite 200
Los Angeles, California 90025
T: (310) 277-7762
1039 S. Palm Canyon Dnve
.
SUPEMOR
COUFT‘QQ
Palm Springs, California 92264 SAN L "
\OOO\IO\UIJ>LHNr—I
T; (760) 797-5502 '8
.
.402!
IUN 5?.
Weinsteinlaw] 00@aol.com
Ian Herzog [Bar No. 41396]
mm HERZOG, YUHAS, EHRLICH & ARDELL
A Professional Corporation
11400 West Olympic Boulevard, Suite 1150
Los Angeles, California 90064
>-I
o Telephone: 458-6660
(3 10)
u—d >-a
Facsimile : 458-9065
(3 10)
herzogfcuixnetcomfiom
r—i
N
Attomeys for Plaintiffs
DJ
BRIAN MAHAFFEY & ASHLEY MAHAFFEY
>—-'
>—a
-h
'J‘
LN THE SUPERIOR COURT OF CALIFORNIA
sud
>—- O\ COUNTY OF SAN BERNARDINO — CENTRAL
\l
h—
BRIAN MAHAFFEY and ASHLEY CASE N0. C1VD51908657
l-d 00
MAHAFFEY) [Assigncd to Hon. Brian S. McCarVille. Dept. S30]
*-‘
\O Plaintiffs, REPLY T0 OPPOSITION T0 PLAINTIFFS’
MOTION T0 STRIKE LATE EXPERT
NO VS_ DESIGNATION
N '-‘
RICHARD WILSON; JOSE MEDINA; DATE 3 June 29> 2021
NN COLORAMA WHOLESALE NURSERY dba TIME 1 9100 3-m-
COLORAMA; and DOES 1 through 100, DEPT 3 S30
N U)
Inclusive.
[\J
A
DATE FILED : March 2 1, 2019
Defendants_ TRIAL DATE ; July 19,, 2021
N U1
N ON TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
NQ Plaintiffs hereby reply to the defendants Opposition t0 Plaintiffs’ Motion to Strike the defense
N 00 late designated experts as follows:
REPLY TO OPPOSITION TO PLAINTIFFS’ MOTION TO STRIKE
LATE EXPERT DESIGNATION
The Opposition concedes its amended designation is late.
It uses as an excuse the denial of its Motion for Summary Judgment. Where in the rules
is it written that a party can wait on a summary judgment motion to justify not
designating experts timely? No one can rely on the granting of a summary judgment; If
\DOONQLh-PUJNH
that were true, the whole, carefully crafted timing of expen witness disclosures would be
in chaos.
Similarly, with regard to the late designation of their retained
radiologist, films were
previously done and no one designated an expert. The defense orthopedic
expert
Anthony T. Feniston, MD. looked at the films and did not indicate any need for the
O assistance of a radiologist. Typically, orthopedists read their own films including MRIs.
'—-‘
In a similar vein, Plaintiffs’ treating orthopedist Douglas J. Roger, MD. read the films.
[\J
Bottom line, the defense seeks a radiologist when plaians have not designated such. Its
DJ
own orthopedist read the films; consequently, there is nothing for them t0 supplementally
J)
designate under the rules.
LII
The history of this case is replete with defense last-minure tactics intended to squeeze the
O\.
Plaintiffs:
\J
(a) The TSC was continued from February 2020 because the defense wanted
I 1, to do an
Hu—a
IME. (Exhibit 4)
\OOO
(b) The defense waited until the eleventh hour t0 request a neuropsych Which could only
be done by noticed motion which, because the defense waited a month, had
to be
done on an ex parle application to shorten time (Exhibit 5), time given them by the
court in Exhibit 4 not withstanding.
(c) The defense noticed a number of last—minute depositions. both lay witnesses as well
as Ilon-retained experts, only to cancel them because they did not get them timely
served. (Exhibit 6, noticed depositions; Exhibit 7. email that not served. Similarly,
the defense canceled all the others too)
(1) A11 were canceled except Action Pumping’s CPA, Stephen G. Frazer, which
was put over at his request.
_ 2 7
REPLY TO OPPOSITION T0 PLAINTIFFS’ MOTION T0 STRIKE
LATE EXPERT DESIGNATION
Document Filed Date
June 28, 2021
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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Robert Weinstein [Bar No. 140412] ROBERT S. WEINSTEIN & ASSOC. 12401 Wilshire Boulevard, Suite 200 Los Angeles, California 90025 T: (310) 277-7762 1039 S. Palm Canyon Dnve . SUPEMOR COUFT‘QQ Palm Springs, California 92264 SAN L " \OOO\IO\UIJ>LHNr—I T; (760) 797-5502 '8 . .402! IUN 5?. Weinsteinlaw] 00@aol.com Ian Herzog [Bar No. 41396] mm HERZOG, YUHAS, EHRLICH & ARDELL A Professional Corporation 11400 West Olympic Boulevard, Suite 1150 Los Angeles, California 90064 >-I o Telephone: 458-6660 (3 10) u—d >-a Facsimile : 458-9065 (3 10) herzogfcuixnetcomfiom r—i N Attomeys for Plaintiffs DJ BRIAN MAHAFFEY & ASHLEY MAHAFFEY >—-' >—a -h 'J‘ LN THE SUPERIOR COURT OF CALIFORNIA sud >—- O\ COUNTY OF SAN BERNARDINO — CENTRAL \l h— BRIAN MAHAFFEY and ASHLEY CASE N0. C1VD51908657 l-d 00 MAHAFFEY) [Assigncd to Hon. Brian S. McCarVille. Dept. S30] *-‘ \O Plaintiffs, REPLY T0 OPPOSITION T0 PLAINTIFFS’ MOTION T0 STRIKE LATE EXPERT NO VS_ DESIGNATION N '-‘ RICHARD WILSON; JOSE MEDINA; DATE 3 June 29> 2021 NN COLORAMA WHOLESALE NURSERY dba TIME 1 9100 3-m- COLORAMA; and DOES 1 through 100, DEPT 3 S30 N U) Inclusive. [\J A DATE FILED : March 2 1, 2019 Defendants_ TRIAL DATE ; July 19,, 2021 N U1 N ON TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: NQ Plaintiffs hereby reply to the defendants Opposition t0 Plaintiffs’ Motion to Strike the defense N 00 late designated experts as follows: REPLY TO OPPOSITION TO PLAINTIFFS’ MOTION TO STRIKE LATE EXPERT DESIGNATION The Opposition concedes its amended designation is late. It uses as an excuse the denial of its Motion for Summary Judgment. Where in the rules is it written that a party can wait on a summary judgment motion to justify not designating experts timely? No one can rely on the granting of a summary judgment; If \DOONQLh-PUJNH that were true, the whole, carefully crafted timing of expen witness disclosures would be in chaos. Similarly, with regard to the late designation of their retained radiologist, films were previously done and no one designated an expert. The defense orthopedic expert Anthony T. Feniston, MD. looked at the films and did not indicate any need for the O assistance of a radiologist. Typically, orthopedists read their own films including MRIs. '—-‘ In a similar vein, Plaintiffs’ treating orthopedist Douglas J. Roger, MD. read the films. [\J Bottom line, the defense seeks a radiologist when plaians have not designated such. Its DJ own orthopedist read the films; consequently, there is nothing for them t0 supplementally J) designate under the rules. LII The history of this case is replete with defense last-minure tactics intended to squeeze the O\. Plaintiffs: \J (a) The TSC was continued from February 2020 because the defense wanted I 1, to do an Hu—a IME. (Exhibit 4) \OOO (b) The defense waited until the eleventh hour t0 request a neuropsych Which could only be done by noticed motion which, because the defense waited a month, had to be done on an ex parle application to shorten time (Exhibit 5), time given them by the court in Exhibit 4 not withstanding. (c) The defense noticed a number of last—minute depositions. both lay witnesses as well as Ilon-retained experts, only to cancel them because they did not get them timely served. (Exhibit 6, noticed depositions; Exhibit 7. email that not served. Similarly, the defense canceled all the others too) (1) A11 were canceled except Action Pumping’s CPA, Stephen G. Frazer, which was put over at his request. _ 2 7 REPLY TO OPPOSITION T0 PLAINTIFFS’ MOTION T0 STRIKE LATE EXPERT DESIGNATION