California Court of Appeal

In a dispute arising from the sale of real property where plaintiff alleges that she suffers from a mental retardation through which the defendants took advantage in gaining her trust and inducing her to enter into a transaction which deprived her of her home, judgment of the trial court is reversed where evidentiary ruling precluding a defense expert witness from testifying constituted prejudicial error because the mere fact that expert witness had not personally examined plaintiff did not preclude him from testifying as to her mental capacity after reviewing her medical records and observing several hours of a videotape of her deposition.

Appellate Information

• Decided 04/28/2011
• Published 04/28/2011

Judges

• KLEIN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Joseph S. Klapach, Armen M. Tashjian