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Prior Testimony

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Berroteran v. Superior Court, No. S259522, 2022 Cal. LEXIS 1154 (Mar. 7, 2022)

Largely affirming Walgren v. Coleco Industries, Inc. (1984) 151 Cal.App.3d 543, this decision holds that, in general, testimony given in a discovery deposition in a prior case cannot be introduced at trial under Evid. Code 1291(a)(2) in another against a party present at the deposition because the motives and interest of a party at a deposition generally is dissimilar from… Read More