CIV529993 AUDREY STOUT VS. SAN MATEO COUNTY TRANSIT district

AUDREY STOUT ROBERT E. CARTWRIGHT, JR.

SAN MATEO COUNTY TRANSIT DISTRICT KERRI A. JOHNSON

Motion to augment expert witness list

TENTATIVE RULING:

Plaintiff AUDREY STOUT’s Motion to Augment Expert Witness List is DENIED. Plaintiff acknowledges that this motion is brought beyond the time limit set forth in Code Civ. Proc. § 2034.610. The Court does not find that any “exceptional circumstances” exist which would warrant this motion being made at such a late time, merely ten days before trial.

Moreover, Plaintiff has not demonstrated that the conditions set forth in Code Civ. Proc. § 2034.620 have been met. The Court finds that Defendant would be prejudiced should this motion be granted; that Plaintiff has not shown reasonable diligence; and that the circumstances do not constitute “mistake, inadvertence, surprise, or excusable neglect” such that relief may be granted. Accordingly, the motion is denied.