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ROTOLO CHEVROLET v. SUPERIOR COURT

No. E032039.

129 Cal.Rptr.2d 283 (2003)

105 Cal.App.4th 242

ROTOLO CHEVROLET, Petitioner, v. The SUPERIOR COURT of the County of San Bernardino, Respondent; Norbert Staudt, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

Review Denied April 9, 2003.

Attorney(s) appearing for the Case

Hollins, Schechter & Condas, Bruce Lee Schechter, and Thomas M. Condas, for Petitioner Rotolo Chevrolet.

No appearance for Respondent.

Welebir & McCune, and James F. Tierney, III, for Real Party in Interest Norbert Staudt.

OPINION

HOLLENHORST, Acting P.J.

In this matter we are called upon to analyze and apply the collateral source rule. We hold that the trial court erred in finding that the payments at issue constituted a collateral source and that evidence of the payments would therefore be inadmissible at trial. Accordingly, we grant the relief requested.

The relevant facts are not in dispute and may be briefly stated. Real party in interest Norbert Staudt (Staudt...

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