CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: In General
.........Things Expert May Not Rely On
............Unsupported Factual Assumptions
6 Cards On This Topic:
  • Trial court acted within its discretion in excluding opinion testimony that P company would have become extraordinarily successful had USC completed the clinical testing to which parties had contracted.
  • Supreme Ct. determined the trial ct. ruled correctly, thus foreclosing, as law of the case, further action in the trial ct. on lost profit damages.
  • Trial court did not err in excluding D's expert evidence that, if there were no shooting of mother, her fetus would have died anyway because of fatal medical condition.
  • An expert opinion must not be based upon speculative or conjectural data.
  • Expert opinions must have evidentiary support and may not be based solely on conjecture.
  • An expert's assumption of facts contrary to the proof destroys the opinion.