California Court of Appeal

In a personal injury action, summary judgment against plaintiff is reversed where his failure to identify the witness in his interrogatory answer, and to supplement that answer before submitting the witness's declaration, was not grounds for excluding the declaration from evidence.

Appellate Information

• Decided 12/14/2004
• Published 12/14/2004

Judges

• RUVOLO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Schnader Harrison Segal & Lewis, and David Smith and Stephen H. Dye, San Francisco, for Appellants.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, Randall P. Burcherding, Supervising Deputy Attorney General, Paul D. Gifford, Deputy Attorney General, for Respondent., Miller, Starr & Regalia, and Richard G. Carlston and Sunny J. Knight, Wall Creek, for amicus curiae on behalf Respondent, American Land Title Association., Manatt, Phelps & Phillips and Terri D. Keville, Phyllis A. Marshall and Marc D. Luesebrink, Los Angeles, for amicus curiae on behalf Respondent, Mortgage Insurance Companies of America.