In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters:
- A witness intending to testify to an opinion of value must exchange a statement of valuation data; and
- A witness will be precluded from testifying to a comparable sale if it is determined by the court that the comparable is not comparable and would confuse the jury.
Before we delve into the case, here’s a basic reminder of California law as it pertains to these two issues:
With respect to the court’s first finding, California Code of ...
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