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BERROTERAN v. SUPERIOR COURT

No. B296639.

41 Cal.App.5th 518 (2019)

RAUL BERROTERAN II, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FORD MOTOR COMPANY, Real Party in Interest.

Court of Appeals of California, Second District, Division One.

October 29, 2019.

Attorney(s) appearing for the Case

Knight Law Group, Steve B. Mikhov , Lauren A. Ungs ; The Altman Law Group, Bryan C. Altman , Christopher J. Urner ; Greines, Martin, Stein & Richland, Edward L. Xanders and Cynthia E. Tobisman for Petitioner.

Horvitz & Levy, Frederic D. Cohen , Lisa Perrochet , Allison W. Meredith ; Sanders Roberts, Justin H. Sanders , Darth K. Vaughn and Sabrina C. Narain for Real Party in Interest.

OPINION

This case puts us in the unenviable position of disagreeing with our sister court as to the admissibility under Evidence Code section 1291, subdivision (a)(2)1 of former testimony.

Here, the challenged former testimony is from nine unavailable witnesses, who previously were deposed...

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