Does the impeachment of a petitioner need to include evidence of sexual activity with the impeached petitioner?

California, United States of America


The following excerpt is from Barrenda L. v. Superior Court, 65 Cal.App.4th 794, 76 Cal.Rptr.2d 727 (Cal. App. 1998):

Stacy opines that evidence of other sexual conduct may be relevant for impeachment of petitioners. The same issue was addressed in Mendez, and the court concluded that to allow discovery to find information collateral to the issues raised in the pleading solely to impeach the plaintiff was not justified. (Mendez v. Superior Court, supra, 206 Cal.App.3d at pp. 575-579, 253 Cal.Rptr. 731.) The same result is appropriate here. Based on the showing made, real parties only hope to discover information collateral to the issues to be addressed at trial.

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