Valdez v. Cooper

Plaintiff’s Motion to Augment and Amend Plaintiff’s Written Exchange of Required Expert Witnesses and Motion for Order Reopening Discovery Proceedings and Extending Time for Discovery are both DENIED.

Plaintiff seeks to augment and amend his expert witness list to substitute retained expert Dr. Vik Singh, a pain management specialist, for non-retained treating physician Dr. Frank Giacobetti, an orthopedic surgeon. Plaintiff contends this substitution is necessary because Dr. Giacobetti’s office informed Plaintiff’s counsel on June 25, 2019 (the date for which trial had previously been set) that Dr. Giacobetti did not intend to appear for trial. Counsel had understood that Dr. Giacobetti would be voluntarily appearing and thus no subpoena had been issued. When these circumstances were explained to the Court, the Court granted a continuance to November 5, 2019.

CCP section 2034.610(a) provides that the Court has the discretion (subject to conditions in section 2024.62