The cost-shifting provisions of Code of Civil Procedure 998 should be applied before labor code provisions governing the distribution of a judgement
2
Dec
Dec
Cases of Interest
The Fourth Appellate District Court of Appeal reminds litigants to follow the sine qua non of the Evidence Code, particularly with respect to the “business records exception” to the hearsay rule.
Plaintiff alleging police brutality in violation of 42 U.S.C. § 1983 may seek “loss of life damages” even though Code of Civil Procedure § 377.34 prohibits recovery for a decedent’s loss of life.
13
Nov
Nov
Trial court that “vigorously examined” expert as to rational basis for “methodology” used to opine on reasonable value of medical care, and subsequently excluded portions of the expert’s testimony, properly carried out “gatekeeper” role under Sargon.
Trial court improperly disregarded expert witness’ opinion that relied on both inadmissible hearsay and general knowledge in the expert’s field.