New CA Evidence Case

evidence impeachment May 17, 2022
 

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. 


Evidence

The California Penal Code prohibits recording a telephone conversation without the consent of the persons on the call. Last month, the First District Court of Appeal published a new case addressing whether a recorded telephone conversation that was not consented to can be used to impeach a witness. A video discussing the case is above and my summary of the case is below.

New Evidence Decision 

Quintero v. Weinkauf (2022) _ Cal.App.5th _ , 2022 WL 998964: The Court of Appeal affirmed the trial court's evidentiary rulings and the judgment for plaintiff awarding her $1.3 million in compensatory damages, $6,000 in punitive damages, $850,000 in attorney fees, and $60,000 in costs. Plaintiff's action alleged the tort of stalking, assault,...

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New CA Supreme Court Evidence Case

 

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. 

 Evidence

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...

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