He Can't Say That!
A Discussion of Recent California Case Law Analyzing the Admissibility of Expert Opinion

About the Author photo-1Marc R. Ozarski is an attorney with Gordon & Rees LLP. Though he practices throughout California, he is based in the firm's San Diego office. He specializes in advising real estate clients on environmental issues and defending them against tort claims, including claims for property damage, business losses and personal injuries.

In California, admissibility of expert opinion generally cannot be attacked on the grounds that the opinion itself is contrary to prevailing thought. When presented with unorthodox, or out-of-the-ordinary expert testimony, however, the key to attacking admissibility may lie not …