REPRESENTATIVE CASES

DISCOVERY

• Use of expert deposition testimony in a motion for summary judgment is prohibited if party seeking admission of testimony failed to timely designate the expert pursuant to the discovery statutes. (Perry v. Bakewell (2017) 2 Cal.5th 536.)

• Deposition testimony is not admissible against a party to subsequent litigation under Evidence Code, Section 1291(a)(2) unless the party against whom the testimony is offered had the “right and opportunity” to cross-examine the declarant with an interest and motive similar to tht which the objecting party would have in the later trial. Berroteran v. Superior Court (2022) 12 Cal.5th 867.