Collins v. Superior Court
California Court of Appeal
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.
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2Cases cited13 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- Rideout v. Superior CourtCalifornia Supreme Court · 1967
- People v. AnzaloneCalifornia Supreme Court · 1999
- People v. AgnewCalifornia Court of Appeal · 1947
- People v. CalbanCalifornia Court of Appeal · 1976
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3Cited by3 opinions
- Milton Rosales Rivera v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- People v. PostCalifornia Court of Appeal · 2001
- EGAR v. Superior CourtCalifornia Court of Appeal · 2004