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Misstating Key Facts Forfeits Issue On Appeal

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Perry v. Kia Motors Am., Inc., No. G060912, 2023 Cal. App. LEXIS 411 (Ct. App. May 4, 2023)

Plaintiff appealed adverse judgment claiming the trial court erred in refusing a jury instruction regarding an adverse inference from the opposing party's concealing evidence during discovery.  This decision holds that the plaintiff forfeited the issue on appeal by misstating the record in her brief--asserting that the trial court had found that the defendant improperly concealed documents, when the trial court… Read More