California Court of Appeal

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Ochoa v. Dorado, B240595

In a personal injury action arising out of a truck accident, following the trial court's order of a partial new trial on certain economic damages and struck the awards of noneconomic damages, and orders denying defendants' motion for judgment notwithstanding the verdict (JNOV) and motion in limine: 1) defendants' new trial and JNOV motions were premature because they were filed before the case was fully decided, so the motions and the order ruling on the motions are void and of no effect; 2) the order striking the awards of noneconomic damages is nonappealable; and 3) on remand, unpaid medical bills are not evidence of the reasonable value of the services provided and no expert witness declaration is required for a treating physician offering an opinion based on facts acquired in the physician-patient relationship or otherwise acquired independently of the litigation, including, to the extent it is otherwise admissible, an opinion on reasonable value.

Appellate Information

  • Decided 07/22/2014
  • Published 07/22/2014




  • California Court of Appeal


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