Pointe San Diego Residential etc. v. Itkin CA2/8
Plaintiff Pointe San Diego Residential Community, L.P. filed a lawsuit against defendants Robbin L. Itkin and Steptoe & Johnson, LLP, alleging legal malpractice and breach of fiduciary duty during their representation of plaintiff in a bankruptcy proceeding. The trial court denied plaintiff’s ex parte motion to substitute an expert witness after the discovery cutoff date had passed (and denied a second ex parte motion to permit a late designation), finding plaintiff’s conduct in connection with the expert designation and its delay in seeking the substitution were unreasonable. At a bench trial, the court granted a motion for judgment for defendants after plaintiff presented its evidence.
Plaintiff contends the trial court abused its discretion in denying plaintiff’s motion to substitute a new expert.
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