Cases

GMSR’s client, a hospital, sought a writ of mandamus to challenge a trial court order enforcing a provision in a trial setting conference order which shortened the time limits for demanding exchange of expert witness lists.

It held that: (1) the issue would be reviewed by way of mandamus because of large number of litigants and attorneys were affected by the issue, and (2) the time limit set forth in statute for service of demand to exchange lists of expert witnesses permits no deviation.

The Court of Appeal issued a writ of mandate requiring the trial court to vacate its order denying petitioner’s motion to preclude the real parties in interest from calling experts, or alternatively to compel the real parties to designate and produce experts for deposition, and to enter a new and different order setting a trial date and compelling real parties to designate and produce experts for deposition within the time limits therefor provided in Code of Civil Procedure section 2037, subdivision (a).