KATHY PAULINE MORRIS VS HAKOB BABAJANYAN ET AL

Case No.: BC665885     Track Rulings In Case

kathy pauline morris, Plaintiff, v. hakob babajanyan, et al., Defendants.

Case No.: BC665885

Hearing Date: February 21, 2020

[TENTATIVE] order RE:

Motion to exclude plaintiff’s Designated Expert

Defendants Hakob Babajanyan and TLA Limousine, Inc. (“Defendants”) move to preclude Plaintiff Kathy Pauline Morris (“Plaintiff”) from calling her expert, Dr. Hyman Gross, M.D. (“Dr. Gross”), as a witness at trial because Plaintiff had not made Dr. Gross available for a deposition. In the alternative, Defendants seek to compel the deposition of Dr. Gross. The Court previously considered the motion on December 9, 2019, and continued the hearing to this date.

A court must exclude the expert opinion of any expert if the party offering that expert fails to make the expert available for deposition. (Code Civ. Proc., § 2034.300, subd. (d).) Defendants concede that they took Gross’s deposition on February 4, 2020.........