Perry v. Bakewell Hawthorne, LLC

Summary

The California Supreme Court held that the exclusionary rule for undisclosed expert witnesses applies at the summary judgment stage. The court overruled Mann v. Cracchiolo and disapproved Kennedy v. Modesto City Hospital, concluding that declarations containing inadmissible expert opinion must be excluded from consideration on summary judgment if an objection is raised. The court affirmed the Court of Appeal's judgment in favor of the defendant.

Holdings

1. When a party fails to comply with expert witness disclosure requirements and an objection is raised, the expert opinion must be excluded from consideration at summary judgment because section 437c, subdivision (d) requires declarations to set forth admissible evidence.

Questions Presented

1. Whether the exclusionary rule for undisclosed expert witnesses applies at the summary judgment stage.

Disposition

affirmed