Legal Question in Personal Injury in California

An Issue Brief about being awarded Non Economic Damages

In an Issue Brief requested at the end of trial by the judge is there any informantion about ''non-economic damages'' being awarded even if economic damages have been precluded due to the failure to address a ccp96 and not being able to enter medical bills and photos into evidence?


Asked on 9/18/07, 10:26 am

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: An Issue Brief about being awarded Non Economic Damages

I need more concise facts? Are you a lawyer, a party, a spectator, etc?

What type of trial? What are the issues? Who failed to address CCP 96? If you are a party, aren't you already represented? What type of medical bills and photos were denied?

Please e-mail, or call, my office and fill in a number of missing details, and I'll do my best to answer your inquiry.

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Answered on 9/23/07, 10:32 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: An Issue Brief about being awarded Non Economic Damages

CCP 96 requires a litigant to supply information regarding witnesses and evidence prior to trial. I assume you represented yourself and failed to reply to a CCP 96 Demand, and now you are being precluded from putting on evidence as a result.

I'm sorry for your dilemma. Unfortunately, I don't know the case law on this since cases I handle are not sufficiently small to proceed under the Rules for Economic Litigation. But, you can check the caselaw by going to a law library at a law school or at the courthouse, and looking up in West's Annotated Codes, under CCP 96. And don't forget to check the supplement for the latest cases.

Good luck.

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Answered on 9/23/07, 11:49 pm


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