Garamendi v. Golden Eagle Ins. Co.
116 Cal.App.4th 694 (Cal. Ct. App. 2004) Cited 75 times 2 Legal AnalysesHolding that waiver only occurs where "the insurer either intentionally relinquished a known right, or acted in such manner as to cause the insured reasonably to believe the insurer had relinquished such right, and that the insured relied upon such conduct to his detriment"
Pate v. Channel Lumber Co.
51 Cal.App.4th 1447 (Cal. Ct. App. 1997) Cited 38 timesFinding similar claim to be "specious"
A M Records, Inc. v. Heilman
75 Cal.App.3d 554 (Cal. Ct. App. 1977) Cited 67 timesHolding sale of copies of musical recordings, the master recordings of which are owned by plaintiff, is conversion
Davies v. Superior Court
36 Cal.3d 291 (Cal. 1984) Cited 34 timesIn Davies, a petitioner sought disclosure of California Highway Patrol accident data, which came under the confidentiality coverage of California Vehicle Code § 20012.
Deeter v. Angus
179 Cal.App.3d 241 (Cal. Ct. App. 1986) Cited 22 timesIn Deeter v. Angus (1986) 179 Cal.App.3d 241, the plaintiff sought to introduce a voice recording at trial despite having failed to produce the recording during discovery.
Crumpton v. Dickstein
82 Cal.App.3d 166 (Cal. Ct. App. 1978) Cited 8 timesReversing judgment where defense doctors not identified until midtrial were allowed to testify, observing that "[i]n denying the at-trial motion to exclude the testimony of these witnesses simply because the omission of their names was not willful, the trial court effectively thwarted a legitimate purpose of the discovery statute by impeding plaintiff's preparation for trial"
Section 352 - Balancing of probative value with prejudice
Cal. Evid. Code § 352 Cited 13,067 times 5 Legal AnalysesGiving a trial court discretion to exclude evidence "if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury"