Cheong v. Antablin

WERDEGAR J., Concurring.

I have joined the majority opinion because I agree generally with its reasoning and concur in the result. The majority correctly observes in order to decide this case we “need not resolve” (maj. opn., ante, at p. 1071) whether or how Evidence Code section 669 (section 669) may affect a plaintiff’s burden of proof in tort litigation generally, or revisit the complex of related issues that led to our fragmented decision in Ford v. Gouin (1952) 3 Cal.4th 339 [11 Cal.Rptr.2d 30, 834 P.2d 724, 34 A.L.R.5th 769] (Ford). Nevertheless, Justice Chin writes separately,…