Party Discovery: PEREZ VS SUMMER RIDGE APTS Print

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         LAW OFFICES OF PATRICK J MCDONOUGH                                                                                           R         f

                                                                                                           cour    r   a       r      n   n
         Dirk E Silva        SBN   134135                                                                  sAN c                   1 ausrricr
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         P O   Box 51457      3633 E Inland Empire Boulevard Suite 450
                                                                                                                           P 1 7 2015
         Ontario CA 91764
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         Telephone       909 890 4667
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     4 Facsimile         909 890 4208                                                                 BY           7
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     5   Attorneys for Defendant Cross Defendant LIBERTY LANDSCAPING INC

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     g                                 SUPERIOR COURT OF THE STATE OF CALIFORNIA

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                                          COUNTY OF SAN BERNARDINO                          CENTRAL

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    11   LORENA ANN PEREZ                                                 Case No        CIVVS 1300296
                                                                          Complaint filed January 31 2013
    12                       Plaintiff
                                                                          Assigned to       Hon Wilfred J              Schneider
                                                                          Dept S32
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                                                                          LIBERTY LANDSCAPING INC S
    14    SUMMER RIDGE APARTMENTS                        et al
                                                                          OBJECTIONS TO PLAINTIFF S
                                                                          SUBPOENA OF RETAINED EXPERT
    15                       Defendants
                                                                          KENDALL WAGNER                       MD FOR TRIAL
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         AND RELATED CROSS ACTIONS                                         TRIAL DATE            September 21 2015
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                       Defendant    LIBERTY LANDSCAPING                  INC
                                                                                 hereby submits the following Objections to
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           Plaintiff s service ofa trial subpoena on retained expert Kendall Wagner MD
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                       Evidence Code     352     Plaintiff has served a trial subpoena on Defendant s retained medical
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           expert      Kendall Wagner    MD       Defendant is informed that Plaintiff intends to call Dr Wagner in her
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           case   in   chief and   Defendant   objects    Defendant submits that the potential for prejudice and confusion
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           outweighs      the merely   cumulative     testimony   that   could   be   offered
                                                                                                by   the   expert          Defendant submits
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           that Plaintiff may elicit whatever evidence she seeks from Dr Wagner on cross examination after
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           Defendant has called him in its case in chief            It is also prejudicial to Defendant because                       if allowed
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                  LIBERTY LANDSCAPING           INC   S OBJECTIONS TO PLAINTIFF S SUBPOENA OF RETAINED EXPERT
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         Defendant would have to re call Dr Wagner a second time at trial during its case in chief See Rubel
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         v   Eli Lill          SD NY 1995 160 FRD 458
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     4   DATED          September 17 2015                       Law Offices of Patrick J McDonough

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     7                                                          BY
                                                                     Dirk E Silva Esq
     g                                                               Attorney for Defendant Cross Defendant
                                                                     LIBERTY LANDSCAPING INC
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                LIBERTY LANDSCAPING         INC   S OBJECTIONS TO PLAINTIFF S SUBPOENA OF RETAINED EXPERT