CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: In General
.........Lack of Foundation
8 Cards On This Topic:
  • E may not use his chart/exhibit regarding "gang member depression," for which no foundation laid, but may be questioned as to his observations and studies of gang member depression.
  • The opinion of an expert is no better than the reasons upon which it is based.
  • Summary judgment properly granted where medical expert's opinion was rendered without a reasoned explanation as to why the underlying facts led to the conclusion that hospital's nurses and doctors were negligent.
  • Medical doctor's declaration properly excluded for lack of foundation where it baldly stated his expert opinion was "based on his experience and documented medical literature."
  • Expert's opinion on defendants' sales costs properly excluded where it lacked foundation; summary judgment properly granted.
  • Expert testimony that traffic accident victim was driving while marijuana impaired properly excluded where evidence was speculative.
  • Cannabis expert's testimony on D's lawful cultivation of marijuana defense properly excluded as E lacked sufficient evidence to render the opinions under EC 801(b).
  • Trial court properly excluded Ps' expert asbestos witness' declaration where it lacked proper foundation and amounted to speculation.