Perry v. Bakewell Hawthorne, LLCAnnotate this Case
Plaintiff sued Bakewell Hawthorne, LLC and JP Morgan Chase Bank, NA, claiming that he fell and was injured on property owned by Bakewell and leased by Chase. Plaintiff made no disclosure of expert witnesses, but in response to Bakewell’s motion for summary judgment, Plaintiff submitted the declarations of two experts. Bakewell objected to the introduction of these declarations. The trial court sustained the objection because Plaintiff had failed to disclose the experts. The court then granted summary judgment for Bakewell. The Court of Appeal affirmed. The Supreme Court affirmed, holding that when the time of exchanging expert witness information has expired before a party moves for summary judgment, and a party objects to a declaration from an undisclosed expert, the admissibility of the expert’s opinion must be determined before the summary judgment motion is resolved.