CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Expert Testimony: In General
.........Expert Opinion Not Binding
5 Cards On This Topic:

ALJ properly rejected testimony of treating physician based on P's exaggerated self-reported physical ailments.

Evidence sufficient to support jury’s conclusion D was capable of forming, and formed, intent to kill and that murder was deliberate despite D’s experts’ testimony re his lack of capacity; jury not required to accept their testimony.

Failure to provide opposing expert W testimony doesn't make P's expert testimony uncontradicted; substantial evidence for jury conclusion the testimony either lacked foundation/not credible.

Exceptional principle requiring fact finder to accept uncontradicted expert testimony as conclusive applies ••only•• in prof. negl. cases where testimony establishes std of care.

Trial ct. need not adopt opinions of experts; may fashion own conclusions from evidence they present.