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BERROTERAN v. SUPERIOR COURT

No. S259522.

12 Cal.5th 867 (2022)

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

Supreme Court of California.

March 7, 2022.

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 , Cynthia E. Tobisman and Nadia A. Sarkis for Petitioner.

The Sturdevant Law Firm and James C. Sturdevant for Consumers for Automobile Reliability and Safety, Consumer Action, Consumer Federation of California and California Public Interest Research Group as Amici Curiae on behalf of Petitioner.

Alan Charles Dell'Ario for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

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.

Fred J. Hiestand for the Civil Justice Association of California as Amicus Curiae on behalf of Real Party in Interest.

Faegre Drinker Biddle & Reath and Alan J. Lazarus for the Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Real Party in Interest.

OPINION

We granted review to address a conflict in the Courts of Appeal regarding an exception to the hearsay rule, articulated in Evidence Code section 1291, subdivision (a)(2) (hereinafter section 1291(a)(2)), concerning testimony taken in an earlier proceeding and offered against a party to that former...

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