Legal Opinion

Gallo v. Peninsula Hospital

California Court of Appeal

Decided February 20, 1985No. A021111PublishedCited by 8 opinions

1Opinion of the Court

Opinion

LOW, P. J.

Failure to timely disclose an expert witness or to provide a brief statement of the expected testimony when required by Code of Civil Procedure section 2037 1 will preclude the calling of that witness. Relief from these omissions must be supported by an adequate showing of excuse and by a showing of no prejudice to an objecting party.

Plaintiffs Phyllis and Angelo Gallo brought a suit for medical negligence against defendants Peninsula Hospital and Doctors Wilson and Fisher. After Mrs. Gallo’s death, she was dismissed as a party to the action, and the heirs brought a suit for…

2Cases cited5 opinions

  1. People v. WatsonCalifornia Supreme Court · 1956
  2. Continental Baking Co. v. KatzCalifornia Supreme Court · 1968
  3. Warner Construction Corp. v. City of Los AngelesCalifornia Supreme Court · 1970
  4. Kennemur v. State of CaliforniaCalifornia Court of Appeal · 1982
  5. Williamson v. Superior CourtCalifornia Supreme Court · 1978

3Cited by8 opinions

  1. Aguilar v. CoonrodIdaho Supreme Court · 2011
  2. People v. GhebretensaeCalifornia Court of Appeal · 2013
  3. White v. MockIdaho Supreme Court · 2004
  4. Williams v. Volkswagenwerk AktiengesellschaftCalifornia Court of Appeal · 1986
  5. Fish v. GuevaraCalifornia Court of Appeal · 1993

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