Bailey vs. Baires

Case No.: 30-2017-00949728-CU-PA-CJC    

(1) Motion to Exclude Plaintiff from Presenting Undesignated Expert Witnesses at Trial (2) Motion to Augment Expert Witness List
Tentative Ruling: (1) Defendants’ Motion to Exclude Plaintiff from Presenting Evidence at Trial from Undesignated Expert Witnesses: Defendants, Best Overnite Express, Inc. and Jorge Alberto Baires’ Motion to Exclude Plaintiff from Presenting Evidence at Trial from Undesignated Expert Witnesses is DENIED.
The Court finds the reasoning in Hirano v. Hirano (2007) 158 Cal.App.4th 1 applicable to the circumstances here. In Hirano, appellant failed to timely exchange expert witness information when the case was initially set for trial. (Id. at p. 5.) The court continued the trial several times, but ultimately dismissed the action for failure to prosecute. (Ibid.) The Court of Appeal reversed the judgment and on remand, a new trial date was set. (Ibid.) The trial court granted respondent’s motion to preclude appellant from introducing any expert ........