Mar. 3, 2017
Failure to disclose experts haunts at summary judgment
The California Supreme Court recently said an unreasonable failure to timely disclose experts rendered the subsequent use of expert declarations in opposition to a summary judgment as failing to "set forth admissible evidence" of "a triable issue of fact." By Will Jay Prikey
Will Jay Pirkey
Deputy City Attorney
Office of the Los Angeles City Attorney
200 N Main St # 500
Los Angeles , CA 90012
Phone: (213) 978-8093
Fax: (213) 978-8312
Email: Will.Pirkey@lacity.org
California Western SOL
Will is member of LA-ABOTA.
You are preparing for trial but haven't yet secured an expert. Figuring you still want more time, you decide not to make a demand per Code of Civil Procedure Section 2034.210(a). However, the defendant does. Now, the time to disclose your expert starts ticking. Yet, you still do not have an expert and fail to timely disclose. Then the defendant files a summary judgment motion. Since the mandatory disclosure and compliance dates ...
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