California, United States of America
The following excerpt is from Redevelopment Agency v. First Christian Chruch, 140 Cal.App.3d 690, 189 Cal.Rptr. 749 (Cal. App. 1983):
Although defendant possessed some information about the property via the market study, we agree with the trial court's assessment that the extent of the data provided was inadequate to allow the defense to challenge the sale as a direct comparable under Evidence Code section 816. After a full hearing on the issue, the trial court was in a particularly advantageous position to evaluate defense counsel's performance and to form the opinion that defendant was not given sufficient pretrial information about the physical characteristics of the church or the sale to conduct a studied cross-examination of plaintiff's expert. (Cf. Regents of University of California v. Morris, supra, 266 Cal.App.2d at 632, 72 Cal.Rptr. 406.)
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