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GOTSCHALL v. DALEY

No. C036185.

116 Cal.Rptr.2d 882 (2002)

96 Cal.App.4th 479

Michael GOTSCHALL, Plaintiff and Respondent, v. Peggy DALEY, Defendant and Appellant.

Court of Appeals of California, Third District.

February 26, 2002.

Attorney(s) appearing for the Case

Parish & Nelson and Robert D. Nelson, Stockton, for Defendant and Appellant.

The Law Office of Clair & Bossi, Steven A. Clair, and David R. Lebeouf, Stockton, for Plaintiff and Respondent.

NICHOLSON, J.

Plaintiff Michael Gotschall sued defendant Peggy Daley for assault, battery, and conspiracy. The trial court dismissed the case for lack of evidence establishing causation. Plaintiff moved to vacate the dismissal and to augment the expert witness list to include a witness who would establish causation. The trial court granted plaintiffs motions and ordered a new trial. We reverse.

BACKGROUND1

Plaintiff filed...

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