CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: In General
.........Erroneous Exclusion
 13 Cards On This Topic:
  • Court did not consider reasoning or methodology relied on by E in linking Collagen Zyderm to P's autoimmune illness, and thus erred in finding testimony unsupported by scientific evidence.
  • Expert's opinion erroneously excluded; held competent even though had not practiced medicine at time of alleged malpractice.
  • Reversible error to exclude D's expert testimony on chronic homelessness and the greater sensitivity to perceived threats of violence among the homeless, relevant to D's actual belief in the need for lethal force to defend himself from V.
  • Abuse of discretion to limit D's psych expert's testimony to aspects of PTSD, and exclude anything related to his being in a PTSD peritraumatic dissociative state at the time of the murder.
  • Abuse of discretion to disallow psychiatric E's testimony about D's particular diagnoses and mental condition and in limiting E's testimony to diagnoses or mental conditions in the abstract.
  • Reversible error to strike orthopedic surgeon's causation testimony where Ds had ample notice testimony would go beyond depo testimony and ample time for depo.
  • Reversible error to exclude P's expert W evidence re damages on ground he failed to timely exchange expert W information where improperly excluded evidence could have enabled him to overcome nonsuit.
  • Trial court abused its discretion by striking Ds' expert testimony on goodwill valuation, issue which should have gone to jury.
  • Wholesale disqualification of doctor's experts rendered administrative proceedings unfair as a matter of law.
  • Expert testimony re D's hallucination concerning V admissible to negate deliberation and premeditation and possibly reduce 1st degree murder to 2d degree (subjective test); error to exclude.
  • Erroneous exclusion of expert's testimony reversible error.
  • Error to exclude testimony of opposing party's expert on work product grounds after party has deposed expert and discovered helpful information.
  • Failure to permit qualified expert to testify was reversible error.


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