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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I am the Plaintiff in a trial scheduled 14, 2015.

Customer Question

I am the Plaintiff in a trial scheduled for September 14, 2015. I t is for fraud, misrepresentation, intentional misrepresentation an violation of B&P codes 17200, 17500, 17206.1 thats elder abuse. trebble damages. The original Trial was set for May 18, 2015.
My wife's son had an incident in August of 2014 that required brain surgery. I petitioned the court to extend the trial date, which they did. The original trial date was may 18. 2015. I have petitioned the court to reopen discovery. which I am fairly certain they will do. This claim is for the original loss of almost 250,000. My question is, based on the current trial date of September 14, 2015 and the original trial date of May 18. 2015, CAN I STILL EMPLOY AN EXPERT WITNESS
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello, Since the initial trial date has already passed, you would have to file a motion for belated submission of expert witness information. Code Civ. Proc. (CCP) § 2034.710. The motion must be set for a hearing and determined by the court with sufficient time to permit the defendant an opportunity to depose the expert. The cut-off date is 15-days before trial (Sunday, August 30, 2015). The grounds for the motion are either: “mistake, inadvertence, surprise or excusable neglect.” CCP § 2034.720(c)(1); or "an honest mistake of law." Plunkett v. Spaulding (1997) 52 Cal.App.4th 114, 137. So, the answer to your question is a qualified "yes." I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!