The Trial Court Sustained Bakewell's Objection To The Introduction Of These Declarations Because Perry Had Failed To Disclose The Experts.

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He told them he was waiting to pick up a client. (The officer) goes, You know youre in violation of the commercial service law,' Vasconcellos told KHON2. I said, What are you talking about? He says, Youre supposed to have permission from the airport manager to pick up your client. Im like, youve gottobe kidding. Vasconcellos says he wasnt charging the client for the ride and made it clear he was not working for a ride-sharing service. Still, he got a ticket for providing commercial services without a permit. Theyre saying if you provide a service, youre in violation. Thats what theyre saying, so if you provide a service in picking them up, whether youre getting paid or not, because I brought that up to them, whether youre getting paid or not, youre in violation, which makes no sense to me, Vasconcellos said. We wanted to know, is it illegal to pick up anyone at the airport if theyre here to do business with you? The law states that anyone providing commercial services at the airport needs a permit. Those services include prearranged ground transportation. But when we brought this up with a Hawaii lawmaker, we were told that picking up a client is not considered doing business.

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The expert witness disclosure statutes provide no answer. However, section 437c, subdivision (d) requires that affidavits and declarations submitted in summary judgment proceedings set forth admissible evidence. Therefore, we hold that when the court determines an expert opinion is inadmissible because disclosure requirements were not met, the opinion must be excluded from consideration at summary judgment if an objection is raised. Plaintiff Wilson Dante Perry sued Bakewell Hawthorne, LLC and JP Morgan Chase Bank, NA, claiming he was injured in a fall on property owned by Bakewell and leased by Chase. Chase demanded an exchange of expert witness information, but Perry made no disclosure. In response to Bakewell's motion for summary judgment, however, he submitted the declarations of two experts opining that the stairs he fell on were in disrepair and did not comply with building code and industry standards. The trial court sustained Bakewell's objection to the introduction of these declarations because Perry had failed to disclose the experts. Summary judgment was granted. Perry moved for reconsideration, but the motion was never heard because it was discovered that the law license of Perry's counsel had been suspended. After judgment was entered for Bakewell, Perry substituted counsel and unsuccessfully moved for permission to designate his experts.