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VORSE v. SARASY

Docket No. A070505.

53 Cal.App.4th 998 (1997)

SCOTT VORSE, Plaintiff and Appellant, v. LEWIS SARASY, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

March 26, 1997.

Attorney(s) appearing for the Case

COUNSEL

Patrick M. Macias and Bruce W. Blakely for Plaintiff and Appellant.

Bien & Summers and Elliot L. Bien for Defendant and Appellant.

OPINION

CORRIGAN, J. —

Introduction

May a trial court strike a witness's live testimony under Evidence Code section 3521 because the court concludes the witness is lying? No. Under all but the most limited circumstances, credibility of witnesses is a question of fact to be resolved by the jury. Here, the court invaded that province and exceeded the discretion granted under the code...

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