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


The following excerpt is from Barrera v. Jensen, A136322, A137418 (Cal. App. 2015):

9. We add that the trial court was required to weigh a number of factors in making its ruling. It had to consider defense counsel's argument that admission of the letter should entitle the defense to comment on the conduct of plaintiffs' counsel. The defense also contended the jury would be unable to judge the totality of the letter since the court had determined that legal argument and references to insurance in the letter would have to be redacted. (See Poniktera v. Seiler (2010) 181 Cal.App.4th 121, 143 [trial court had discretion to exclude declaration where attached transcript was so heavily redacted].) This sort of balancing is within the province of the trial court, and absent more compelling argument, we are disinclined to second guess it.

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