Minor Doe 1 v. Hubbs CA1/3
Defendant Christine Hubbs appeals a judgment entered in favor of plaintiff Minor Doe 1 on his complaint for damages arising out of defendant’s sexual relationship with him when he was 14 years old and she was over 40, for which defendant had already been convicted of multiple felonies and sentenced to prison. Between the filing of the complaint in March 2012 and the discharge of defendant’s original attorney in May 2013 because of defendant’s inability to pay her attorney fees, the attorney conducted only minimal discovery and failed to designate an expert witness. When defendant obtained new counsel, the court found good cause to continue the trial but refused to extend the discovery deadline to permit the new attorney to depose plaintiff or to designate a defense expert. As a result, defendant went to trial without an expert to counter the testimony of plaintiff’s expert witness, a psychiatrist, in a case in which the only contested issue was plaintiff’s emotional distress
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