Evidence
Sep. 8, 2025
When experts speak truth without borrowing authority
The California Supreme Court, in People v. Lamb, narrows the scope of People v. Sanchez, holding that an expert may reference another expert's report for context without relying on it, so long as the testimony is independent, and such references do not violate the confrontation clause.
Thomas V. Wynsma
Partner
Shook, Hardy & Bacon LLP
Complex Business Litigation
Phone: (949) 975-1500
Email: twynsma@shb.com
The California Supreme Court decision People v. Lamb underscores the increasingly limited scope of the rule established in People v. Sanchez. Under the California Evidence Code, an expert may disclose to the jury the "matter" on which their opinion is based, even if the underlying material would otherwise be inadmissible. Cal. Evid. Code Section 801(d), 802. The California Supreme Court in People v. Sanchez established that an expert may not relay or testif...
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