Jan17

Client Alerts re Evidence Code Section 351.2 and CCP Section 2034.15

Client Alerts re Evidence Code

Evidence of a Plaintiff’s Immigration Status No Longer Admissible or Discoverable Evidence

On January 1, 2017, Evidence Code section 351.2 was enacted. Section 351.2 now prevents the discovery and introduction of evidence of a person’s immigration status in a personal injury or wrongful death lawsuit. Before the law came into effect, a plaintiff’s immigration status was admissible evidence relevant to calculate what an undocumented person would earn in his or her country of origin for a claim of future lost wages. With the passage of 351.2, non-U.S. citizen plaintiffs may claim future lost wages based on earning potential in their California locality.

History of the Bill

In February 2016, California Assemblymember Lorena Gonzalez of San Diego introduced Assembly Bill 2159. The bill was sponsored by the Mexican American Legal Defense and Educational Fund and the Consumer Attorneys of California. Governor Jerry Brown signed AB 2159 into law on August 17, 2016.

Retained Experts Must Produce Files Not Less Than 3 Business Days Before Deposition

No more rummaging through an expert’s materials at the beginning of his or her deposition. Code of Civil Procedure Section 2034.15 requires a retained expert witness to produce any materials, including electronically stored information, called for by the deposition notice no later than three days prior to the date of the expert’s deposition. The addition of Section 2034.15 will allow attorneys more time to review an expert’s findings and should produce more effective depositions.

History of Bill

Assembly Bill 2427 was introduced on February 9, 2016 by Assemblymember Ed Chau of Monterrey Park. The bill was approved by Governor Jerry Brown on September 22, 2016.