Game Playing In Expert Exchange Results In Preclusion Of Use Of Experts At Trial.

Neither plaintiff nor defendant timely disclosed experts pursuant to Code of Civil Procedure section 2034.260 in a medical malpractice case. Plaintiff instead filed a motion to disqualify defense counsel. Defendants offered to delay the expert exchange until after the court ruled on the disqualification motion. The trial court denied the motion and defendant made another demand for expert exchange. When plaintiff did not respond, defendant unilaterally produced expert information. Instead of disclosing his experts, plaintiff unsuccessfully appealed the denial of his disqualification motion. The trial court thereafter denied plaintiff relief from his tardy disclosure and precluded him from offering expert testimony. The appellate court affirmed the trial court’s orders, finding plaintiff failed to demonstrate exceptional circumstances warranting his disclosure of expert witness information after the discovery cutoff date. (Cottini v. Enloe Medical Center (Cal. App. Third; May 21, 2014) 226 Cal.App.4th 401, [172 Cal.Rptr.3d 4].)