Evidence Code Section 802: The Neglected Key to Rationalizing the California Law of Expert TestimonyThe recent LOCKHEAD LITIGATION CASES presented the California Supreme Court with an opportunity to clarify the law of expert testimony in that jurisdiction. Unfortunately, although the cases were pending ...
California state laws including the Business and Profession Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Evidence Code, Family Code, Fish and Game Code, Health and Safety Code, Insurance Code, Labor Code,
where it is proved by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice as defined in subdivision (c) of Section 3294 of the Civil Code, the court may additionally award punitive or exemplary damages. ...
To prevail on such a claim, the employee bears the burden to establish, by a preponderance of the evidence, that retaliation was a contributing factor in a challenged employment action. Where this showing is made, the burden of proof shifts to the employer to demonstrate, by clear and convinc...
‘in accordance with the fact’ under section 4662 but rather on the DEU's rating of the disability and apportionment factors found by the AMEs which I understand to be prima facie evidence of the correct disability rating…” to arrive at 100% PTD. However, he did feel ...
The statute also establishes that, upon proof of a valid surrogacy agreement, the court will terminate the parental rights of the surrogate and her spouse “without further hearing or evidence, unless the court or a party to the assisted reproduction agreement for gestational carriers has a good ...
The affidavit must contain specific information to be valid, such as basic information about the heir, details about the property, and information about any other known heirs. Evidence of the person's relationship to the deceased, such as a birth certificate, is also helpful. The person filing...
(hereafter Prop. 8), any evidence that is relevant may be admitted in a criminal case. However, Prop. 8 makes an exception for balancing under California Evidence Code (hereafter CEC) 352, which gives a court discretion in excluding relevant evidence if its probative value is substantially ...
GALVES F.The Admissibility of 3-D Computer Animations Under the Federal Rules of Evidence and the California Evidence Code.Southwestern Law Review. 2008Fred Calves. The Admissibility of 3 - D Computer Animations Under the Federal Rules of Evidence and the California Evidence Code[ J]. Sw. U. ...
FN 10. Witnesses Bush, Kuri and O'Hanlon were called by plaintiffs to testify as adverse witnesses under Evidence Code section 776. It has long been a rule in this state that, on appeal from a nonsuit rendered against them, plaintiffs may rely on that portion of testimony given under se...