Vorse v. Sarasy

Opinion

CORRIGAN, J.

Introduction

May a trial court strike a witness’s live testimony under Evidence Code section 352 1 because the court concludes the witness is lying? No. Under all but the most limited circumstances, credibility of witnesses is a question of fact to be resolved by the jury. Here, the court invaded that province and exceeded the discretion granted under the code. Because the error was prejudicial, the judgment is reversed.

Background

I. The Dispute

This suit revolved around the acquisition of a business known as Dynatex. David Vorse 2 sued Lewis Sarasy, alleging various causes of…