Wagner

Kenneth and Sally Wagner petition for a writ of mandamus compelling the Orange County Superior Court to vacate its order denying an extension of a discovery cutoff date set by the court in their products liability case against General Motors Corporation (GM). The case is in the court’s expedited trial program. The Wagners contend the trial court erred in setting a discovery cutoff date when no trial date had been set. We agree and grant the writ.

The Wagners filed their products liability complaint against GM in August 1989 for injuries sustained in an automobile accident. They alleged their GM pickup truck had a transmission defect which caused it to shift from park to reverse. Kenneth was crushed underneath the truck when it slipped into reverse after he stepped out.

In January 1992 the case was assigned to a judge for all purposes under the court’s trial delay reduction program (see Gov. Code, § 68600 et seq.), also known as the expedited trial program or “fast-track.” Some discovery had been conducted at that time by the Wagners’ original attorney.

On May 5, 1992, the trial judge held an evaluation conference as required by Orange County Superior Court Rules,…