Zellerino v. Brown

Opinion

CARR, Acting P. J.

—In this appeal the critical question is whether a party who makes a defective demand for the exchange of expert trial witnesses pursuant to Code of Civil Procedure section 2034, 1 may obtain relief pursuant to section 473. Ancillary issues also tendered are whether the trial court abused its discretion in granting relief under section 473 by issuing an order compelling discovery and in granting an in limine motion when the plaintiff failed to comply with that order.

This is a medical malpractice case in which defendants, unaware that plaintiff had not retained any…