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Legal Opinion

Waicis v. Superior Court

California Court of Appeal

Decided December 14, 1990No. A049885PublishedCited by 9 opinions

1Opinion of the Court

Opinion

KING, J.

In this case we hold that it is not an abuse of discretion for the trial court to disqualify an expert witness from testifying at trial when the court finds the expert has repeatedly been uncooperative in allowing his deposition to be taken, and that finding is supported by substantial evidence.

Linda Waicis, plaintiff in a dental malpractice action against Theodore Schwartz, D.D.S., seeks a writ of mandate to vacate an order of the Marin County Superior Court disqualifying Martin Frankel, D.M.D., her expert witness on the standard of care, from testifying at trial. We deny writ…

2Cases cited3 opinions

  1. Oceanside Union School District v. Superior CourtCalifornia Supreme Court · 1962
  2. Young v. RosenthalCalifornia Court of Appeal · 1989
  3. Lehman v. Superior CourtCalifornia Court of Appeal · 1986

3Cited by9 opinions

  1. Citizens for Open Government v. City of LodiCalifornia Court of Appeal · 2012
  2. Hernandez v. Superior CourtCalifornia Court of Appeal · 2003
  3. Wasserman v. BartholomewAlaska Supreme Court · 1996
  4. Stanchfield v. Hamer Toyota, Inc.California Court of Appeal · 1995
  5. Hernandez v. Superior CourtCalifornia Court of Appeal · 2003

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