In a personal injury action, defendants filed a motion in limine to exclude testimony by plaintiffs’ nonretained treating physicians on any expert opinions that were not formed at the time of and for purposes of treatment, but instead were formed for purposes of litigation. Defendants argued that Plaintiffs had listed 25 individual, nonretained treating physicians […]
New Trial Because Court Permitted Irrelevant Evidence Of Decedent’s Marijuana Use.
A man was standing near his car after a freeway accident when he was struck and killed by a police car. The trial court concluded evidence of the decedent’s marijuana use was relevant to assess any fault attributable to him in his minor daughter’s wrongful death case. A jury apportioned fault of 14 percent against […]
California Evidence Code Privilege Statutes Apply In Workers’ Compensation Proceedings.
At some point in a workers’ compensation proceeding, the injured worker noticed the deposition of the claims adjuster and requested unprivileged documents. The employer produced a privilege log, identifying certain documents contained in the claims file as exempt from disclosure under “one or more privileges recognized by California Evidence Code.” At the claims adjuster’s deposition, […]
Traffic Camera Evidence Properly Admitted (Get Out Your Checkbook!).
A woman was cited for failing to stop at a red light. Evidence against her was generated by an automated traffic camera enforcement system [aka red light traffic camera]. She objected to the admission of the traffic camera photograph and 12-second video on the basis of lack of foundation. At her infraction trial, a City […]
Life Insurance Policy In Dissolution Of Marriage Proceeding.
During a 20-year marriage, the husband used community property funds to purchase an Life Insurance Policy on his life, naming his wife as the policy’s only owner and beneficiary. The trial court ruled the Life Insurance Policy was community property because it was acquired during the marriage with community funds. The trial court awarded the Life […]
Information Sought In Discovery Involves Litigation Strategy.
The setting is a discovery dispute in a construction defect action. The trial court overruled the homeowner’s association’s claim of attorney-client privilege regarding efforts to depose individual homeowners regarding disclosures made at informational meetings about the litigation. The appellate court granted the association’s petition for writ of mandate, stating: “To the extent this record reveals […]
Surprise No Medical Records!!
Surgeons implanted a biliary stent in plaintiff during emergency abdominal surgery in 1996. Plaintiff alleges he was unaware it was there until August 2010 after he sought treatment for abdominal pain. In April 2011, plaintiff brought an action against the health care providers who treated him in 1996 and 1997. Defendants successfully demurred on statute of […]
No Need To Look At Our Evidence Of Attorneys’ Fees; Take Our Word For It.
The trial court awarded $350,000 in fees and costs to class counsel after approving a settlement. In making its determination, the court reviewed some of class counsel’s billing records in camera, to which defendant did not object. On appeal, defendant contended class counsel failed to submit sufficient evidence to justify that the fee award was both […]
After-Acquired Evidence Doctrine Inapplicable.
Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been convicted of […]
Preliminary Fact Of Agency Not Established.
A lawyer, defense counsel in a criminal trial, filed a writ of prohibition challenging the superior court’s adjudication of contempt against her. The lawyer failed to answer questions regarding how she came into possession of evidence relevant to the prosecution of her client. The lawyer contends the evidence was delivered to her in some way by […]