MOTION FOR LEAVE TO Submit A Tardy Expert Designation
Set for Law and Motion/Discovery Calendar on Thursday, June 25, 2026, Line 7. Plaintiffs Ahmed Alsherif and Abdi Jamal Ismail's unopposed Motion for Leave to Submit a Tardy Expert Designation is GRANTED.
Plaintiffs move under Code of Civil Procedure section 2034.720. The court shall grant leave to submit tardy expert witness information only after the court considers three major factors and makes corresponding findings. First, the court must consider "the extent to which the opposing party has relied on the absence of a list of expert witnesses." (Code of Civil Procedure section 2034.720(a).) Second, the court must find "that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits." (Code of Civil Procedure section 2034.720(b).)
Third, the court must find "the moving party did all of the following: (1) [f]ailed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect[;] (2) [s]ought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect[; and] (3) [p]romptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action. (Code of Civil Procedure section 2034.720(b).)
The conditions set forth in section 2034.720 having been satisfied and good cause appearing, the court grants Plaintiffs leave to submit their tardy expert designations, which, in fact, were served electronically on May 27, 2026. This order is conditioned on Plaintiffs making the experts available immediately for a deposition under Article 3 (commencing with Section 2034.410). Concerns regarding the trial date must be addressed in the master calendar department.
Moving Party must prepare a proposed order which repeats verbatim the substantive portion of this tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for hearing.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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