California Supreme Court Watch

#16-198 Sweetwater Union School Dist. v. Gilbane Building Co., S233526. (D067383; 245 Cal.App.4th 19; San Diego County Superior Court; 37-2014-00025070-CU-MCCTL.) Petition for review after the Court of Appeal affirmed an order denying a special motion to strike in a civil action. This case presents the following issues: (1) Is testimony given in a criminal case by persons who are not parties in a subsequent civil action admissible in that action to oppose a special motion to strike? (2) Is such testimony subject to the conditions in Evidence Code section 1290 et seq. for receiving former testimony in evidence?

Review granted: 06/08/2016 | Oral argument: 12/ 05/ 2018

See the Petition for Review

See the Court of Appeal opinion