• Know the New 2022 Cases to Win Your Cases in 2023. 

To make 2023 your best year yet, quickly learn about the new 2022 civil cases in your practice areas, and apply this knowledge to your current cases in 2023.  

To get all of my 2022 civil case summaries and to keep getting my one paragraph summaries throughout 2023, subscribe today to California Case Summaries Complete™. Subscribers get all of my California Case Summaries™ publications (monthly, quarterly and annual) at a savings of over $1,550 per year compared to subscribing to each publication separately. My one paragraph summaries, that you can read in 2 minutes, help California lawyers easily keep current with the new case law in their practice areas, work up their cases better, get bigger settlements, and win more trials to make more money. To subscribe today to California Case Summaries Complete™click here.

Below is a free sample of one of my new civil case summaries.


Corporate Representative Testimony

While a corporation will be bound by the testimony of a corporate representative, what are the rules when a corporation wants to use the testimony of its corporate representative offensively? Last month, the Second District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my case summary below.

New CA Code of Evidence Decision  

LAOSD Asbestos Cases (2023) _ Cal.App.5th _ , 2023 WL 354915: The Court of Appeal reversed the trial court’s order granting defendant Avon Products, Inc.’s (defendant) motion for summary judgment against plaintiffs Alicia Ramirez (Alicia)[1] and her husband Fermin Ramirez (collectively plaintiffs) in their complaint for damages against several defendants due to Alicia’s development of mesothelioma. Defendant’s motion for summary judgment relied on a declaration from Lisa Gallo (Gallo Declaration), an employee who did not begin work at Avon until 1994, halfway through Alicia’s alleged exposure period. Plaintiffs objected to the Gallo Declaration and attached exhibits on the grounds they lacked foundation, lacked personal knowledge, and contained hearsay. The trial overruled the objections and granted the motion for summary judgment, finding the declaration was the sole evidence which shifted the burden to the plaintiffs to produce evidence sufficient to create a triable issue of material fact. The Court of Appeal disagreed, concluding that the trial court erred in overruling plaintiffs’ objections based on lack of foundation, lack of personal knowledge and the hearsay nature of the documents. Because Lisa Gallo was a lay witness, not an expert witness, she was limited to testimony reflecting her personal knowledge and could not testify to hearsay. There is no special category of “corporate representative” witness. Moreover, a person deposed as a corporate person most qualified (PMQ deponent) may only testify at trial according to the rules evidence which apply to ordinary lay witnesses. The rules relating to witness testimony at a trial or hearing apply equally to defendants and plaintiffs. The trial court abused its discretion in admitting the declaration and hearsay documents. Without the Gallo Declaration, defendant did not offer evidence which shifted the burden to plaintiffs. The Court of Appeal rejected defendant’s argument that the summary judgment should still have been granted because plaintiffs’ discovery responses were factually devoid, because defendant failed to adequately develop this theory in the trial court and on appeal. It was therefore forfeited. (C.A. 2nd, January 23, 2023.)

[1] Alicia died while the appeal was pending, and the action was then prosecuted by Fermin in his individual capacity and as Alicia’s successor-in-interest. 


 California Case Summaries™ Publications

California Case Summaries Complete: This publication includes our monthly, quarterly and annual publications with one paragraph summaries that can be read in 2 minutes, organized by legal topic, of every new civil case published each year. You’ll save serious money by subscribing to this publication instead of separately subscribing to our monthly, quarterly and annual publications! To subscribe, click here.

California Case Summaries Annual: Published early each January. This publication has our excellent one paragraph summaries, organized by legal topic, of every new civil case published each year, with the official case citations. To subscribe, click here. 

California Case Summaries Annual – Employment™To subscribe, click here. 
California Case Summaries Annual – Real Property™To subscribe, click here. 
California Case Summaries Annual – Torts™To subscribe, click here.
Published early each January with our short civil case summaries, organized by legal topic, of every new civil case published each year in these practice areas, with the official case citations.

California Case Summaries Quarterly™: short summaries, organized by legal topic, of every new civil case published by California courts each quarter, with the official case citations.
To subscribe, click here.

 California Case Summaries Monthly™:  short summaries, organized by legal topic, of every new civil case published by California courts every month. To subscribe, click here. 


Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2022, click here.


Mediation, Arbitration & Referee Services

I help attorneys and their clients settle cases as a mediator, and decide cases or issues as an arbitrator or referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. I conduct Zoom and in-person hearings throughout California.
To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600, haward@adrservices.com or Rachael Boughan, (619) 233-1323, 
rboughan@adrservices.com. 

 

Stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™

CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: monty@montymcintyre.com 

Photo of Monty McIntyre (CA Mediator, Arbitrator & Referee) Monty McIntyre (CA Mediator, Arbitrator & Referee)

Monty A. McIntyre is a mediator, arbitrator and referee with ADR Services, Inc. where he handles cases in the areas of business, commercial, employment, insurance, real property and torts (elder abuse, personal injury, medical malpractice, and wrongful death) throughout California. Monty also publishes…

Monty A. McIntyre is a mediator, arbitrator and referee with ADR Services, Inc. where he handles cases in the areas of business, commercial, employment, insurance, real property and torts (elder abuse, personal injury, medical malpractice, and wrongful death) throughout California. Monty also publishes California Case Summaries™ providing one paragraph summaries, that can be read in two minutes, organized by legal topic, of every new civil case published in California in monthly, quarterly and annual subscription editions to help attorneys keep current on new case law, win more and make more money. Monty also mentors less experienced attorneys with his Master Lawyer Mentoring™ services where he helps attorneys develop important skills, learn to work up and present their cases strategically, avoid mistakes and implement excellent systems to win more, make more money and build their dream law practice. Monty has been a CA civil trial lawyer since 1980, a member of the American Board of Trial Advocates (ABOTA) since 1995, an arbitrator since 1985, and a mediator and referee since 2001. Monty had the honor and privilege of serving as the president of the San Diego County Bar Association in 2002 and the president of the San Diego ABOTA Chapter in 2014. In his civil trial practice, Monty represented both plaintiffs and defendants in the areas of law listed above and tried over 100 cases to conclusion including jury trials, judge trials, administrative trials, and arbitrations. For more information regarding Monty’s background and experience, click on: Monty McIntyre: ADR Services or Monty McIntyre Mediation