Is an expert's opinion not a "legal opinion"?

An expert witness's opinion testimony must be "[r]elated to a subject that is sufficiently beyond common experience that the trier of fact." (Evid. Code, 801.) Although otherwise admissible opinion evidence "is not objectionable because it embraces the ultimate issue to be decided by the trier of fact" (id ., 805), an expert is not allowed "to testify to legal conclusions in the guise of expert opinion. Such legal conclusions do not constitute substantial evidence. [Citation.] The manner in which the law should apply to particular facts is a legal question and is not subject to expert opinion. " (Downer v. Bramet (1984) 152 Cal.App.3d 837, 841, 199 Cal.Rptr. 830.)

[242 Cal.App.4th 293]