Exception to 7-hour deposition time limit also applies to the complex case 14-hour limit.
12
Apr
Apr
Consumer Expectations test is applicable to strict products liability claim regarding a driver’s seat. Component parts supplier defense did not apply. Engineers are not liable under strict products theory. Fault should be apportioned among all liable parties. Evidence of full amount of plaintiff’s medical bills is not prejudicial where plaintiff is awarded only the amount actually paid.
Summary judgment was improper where plaintiff had offered declaration to explain factually devoid, improper discovery responses.
Where a request for a statement of decision is improperly denied, and the trial judge is no longer available, the only appropriate appellate remedy is to remand for a new trial.
California rule prohibiting waiver of Berman hearings was preempted by the Federal Arbitration Act. Such waivers may still be held invalid if found to be unconscionable.