California, United States of America
The following excerpt is from Chancellor v. Ozzello, B292321 (Cal. App. 2020):
The trial court did not abuse its discretion in denying plaintiff's motion for late designation of an expert witness on the standard of care because plaintiff did not satisfy the statutory prerequisites for such relief. As noted above, plaintiff offered three reasons in support of his motionthat he mistakenly thought the trial court had signed the parties' stipulation to continue the trial, that he "did not" previously "realize" he needed an expert on this topic, and that he had difficulty obtaining an expert witness due to his status as a self-represented litigant. But none of these reasons explains why he waited until late April 2018 to bring his motion. Plaintiff learned the stipulation to continue was denied in late January 2018, and he offered no evidence as to when he realized he needed an expert witness or when he realized that his efforts to locate an expert witness were unavailing. We cannot grant plaintiff any "greater[] consideration than other litigants and attorneys" merely because he is self-represented. (Nelson v. Guant (1981) 125 Cal.App.3d 623, 638-639.) Because plaintiff failed to satisfy the necessary prerequisites of seeking leave to submit the information promptly, the trial court acted well within its discretion in denying his request.
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