Legal Opinion

Collins v. Superior Court

California Court of Appeal

Decided June 13, 2001No. B147822PublishedCited by 3 opinions

1Opinion of the Court

Opinion

PERREN, J.

A party testified falsely while under oath at his deposition. The original transcript of the deposition, unseen by the deponent, is sent to. his counsel where it remains. Here we conclude; that, although the testimony purportedly was false, it was contained in a document that was yet to be delivered and, therefore, did not constitute perjury in violation of Penal Code section 118. We issue a writ of prohibition.

Facts

Petitioner Christopher Charles Collins worked for Hortus, U.S.A. (Hortus). He filed a workers’ compensation claim alleging that he suffered a work-related injury.

I…

2Cases cited13 opinions

  1. Anderson v. WilsonSupreme Court of the United States · 1933
  2. Rideout v. Superior CourtCalifornia Supreme Court · 1967
  3. People v. AnzaloneCalifornia Supreme Court · 1999
  4. People v. AgnewCalifornia Court of Appeal · 1947
  5. People v. CalbanCalifornia Court of Appeal · 1976

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3Cited by3 opinions

  1. Milton Rosales Rivera v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
  2. People v. PostCalifornia Court of Appeal · 2001
  3. EGAR v. Superior CourtCalifornia Court of Appeal · 2004

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