What is the standard of evidence provided by Husband in a personal injury case?

California, United States of America


The following excerpt is from Walther v. Walther (In re Walther), 2d Civil No. B267209 (Cal. App. 2016):

Husband did not comply with this requirement. He provided a list of his witnesses (himself, wife, and an unnamed "forensic accountant") and described the subject matter of their testimony. But he provided no information about the "content of the testimony to be elicited." (People v. Rodrigues, supra, 8 Cal.4th at p. 1176.)

Page 4

Husband states, "[He] did make offers of proof with regard to evidence to be presented." This conclusory assertion, unaccompanied by any analysis, is insufficient to show that he made an adequate offer of proof. (In re S.C. (2006) 138 Cal.App.4th 396, 408-410.) Husband improperly cites pages 34-52 of the reporter's transcript. "[I]t is manifestly 'the duty of a party to support the arguments in its briefs by appropriate reference to the record, which includes providing exact page citations. [Citations.]' [Citation.] [Husband's] single citation to a reporter's transcript with block page references, for example, 'RT Vol 6, 2480-2501,' frustrates this court's ability to evaluate which facts a party believes support his position, particularly when [as here] a large portion of that citation referred to points that appeared to be irrelevant." (Nazari v. Ayrapetyan (2009) 171 Cal.App.4th 690, 694, fn. 1.)

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