To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month.
A question that can arise during trial is whether a party can use a discovery deposition, taken in an earlier action, under the hearsay exception in Evidence Code section 1291(a)(2). Last month, the California Supreme Court published a new decision addressing this issue. In the video above I briefly discuss this new case. Below is my summary of the case.
New Evidence Decision
Berroteran v. Superior Court (2022) _ Cal.5th _ , 2022 WL 664719: The California Supreme Court reversed the Court Appeal's decision concluding that discovery deposition testimony in an earlier action was admissible under the hearsay exception in Evidence Code, section 1291(a)(2). Although the parties had settled the case, the California Supreme Court exercised its discretion to proceed to decide the matter. Finding the Court of Appeal's reasoning to be unpersuasive, the California Supreme Court concluded that section 1291(a)(2) creates a general rule against admission of testimony from a prior civil discovery deposition. When ruling on the admissibility of such prior testimony, the trial court should take the following approach. It should determine whether the parties intended, at the outset, that the deposition would serve as trial testimony. It should determine whether the parties subsequently reached agreement concerning use of the deposition at trial in that case, or in other cases. Other key practical considerations are the timing of the deposition within the context of the litigation and special circumstances creating an incentive for cross-examination; the relationship of the deponent and the opposing party, the anticipated availability of the deponent at trial in the proceeding in which the deposition was taken, and the statutory context; conduct at, and surrounding, the deposition — and the degree of any examination conducted by the opposing party; the particular designated testimony; and the similarity of position. (March 7, 2022.)
I help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (619) 233-1323.
California courts are constantly publishing new civil case decisions. Last year in 2021, the California Supreme Court published 22 new civil or family law decisions and the Court of Appeal published 483 new civil or family law decisions, for a total of 505 new civil or family law cases!
While you don't need to read new case decisions outside of your civil practice area, it's clear that there are lots of new case decisions each year that you need to know about to keep current in your practice areas.
I keep up with the new case law, and I help California lawyers easily keep up with the new case law by publishing California Case Summaries™ with short summaries (one paragraph), organized by legal topic, of the new published civil or family law decisions. I publish monthly, quarterly, and annual publications, giving you several options for mastering the new case law.
Here are the subscription options:
California Case Summaries Monthly™: short summaries (one paragraph), organized by legal topic, of every new civil and family law case published each month by California courts for only $50 per attorney per month. To subscribe, click here.
California Case Summaries Quarterly™: short, organized summaries of every new civil and family law case published each quarter, with the official case citations, for only $200 per attorney per quarter. To subscribe, click here.
California Case Summaries Annual 2021™: short, organized summaries of every new civil and family law case published in 2021 for only $900 per attorney per year. To subscribe, click here.
Annual Practice Area Case Summaries 2021. In January 2022 we published our Annual Practice Area case summaries for the practice area of Employment, Family Law, Real Property and
Torts. They cost only $350 per year per attorney. To subscribe select the area below:
-Employment: to subscribe, click here.
-Family Law: to subscribe, click here.
-Real Property: to subscribe, click here.
-Torts: to subscribe, click here.
Lawyers (whether new or experienced) can rapidly create their dream law practices with the help of a master mentor who can help them think deeply, focus on what is essential, avoid distractions, develop their skills, avoid mistakes, answer their questions, and continuously improve their organization and systems. I offer an online video course and individual sessions to provide this much needed master mentoring to attorneys. For my lawyer master mentoring services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.
Until my next blog post, stay safe and healthy.
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]