In a personal injury action, does plaintiff have any grounds to challenge the evidentiary rulings of the trial court?

California, United States of America


The following excerpt is from Powe-Brown v. Kaiser Found. Hosps., A143681 (Cal. App. 2016):

4. While plaintiff attempts to contest the trial court's evidentiary rulings in her reply brief, she forfeited any challenge by failing to raise it in her opening brief. " ' "Obvious considerations of fairness in argument demand that the appellant present all of his points in the opening brief. To withhold a point until the closing brief would deprive the respondent of his opportunity to answer it or require the effort and delay of an additional brief by permission. Hence the rule is that points raised in the reply brief for the first time will not be considered, unless good reason is shown for failure to present them before. . . ." ' " (Doe v. California Dept. of Justice (2009) 173 Cal.App.4th 1095, 1115.) Plaintiff has not offered any justification for her failure to address this point in her opening brief.

5. We address plaintiff's claim of disability discrimination below.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
Can a plaintiff who objected to the instructions of the trial court challenge the instructions in his personal injury case? (California, United States of America)
Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
In a personal injury action, in what circumstances will the trial court allow the defense counsel to comment on the conduct of plaintiffs' counsel? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its deductions for those of the trial court? (California, United States of America)
In a personal injury action, is defendant's claim that the trial court did not rule on her petition for reduction? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
On remand, in what circumstances will the trial court order that a plaintiff be entitled to the same amount of compensation as a plaintiff in a class action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.