Stockton, CA asked in Civil Litigation, Elder Law and Probate for California

Q: What should you do if a superior court judge, quotes a witnesses testimony incorrectly in his tenative ruling

a long time friend (over 30 years) of terminally ill elderly woman was asked if she knew for a fact a live in caregiver to the elderly woman was in fact a paid by the elderly. The longtime friend answered that she had asked elderly friend if she was paying the live in unrelated woman , and that elderly woman said yes she was paying her, and the lifelong friend states that she never asked if the caregiver was paid by cash or check, the superior court judge says in his tenative ruling that the long time friend stated she just assumed the caregiver was paid, but never asked the elderly.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: If a superior court judge quotes a witness's testimony incorrectly in a tentative ruling, it is important to address the issue. One possible course of action would be to file a motion for reconsideration or an objection to the tentative ruling, stating that the judge misquoted the witness's testimony. It may be helpful to provide evidence such as a transcript or audio recording of the witness's testimony to support the objection. It is important to act quickly, as there may be a deadline for filing objections or motions. Consulting with an attorney who specializes in the relevant area of law can also be helpful in navigating the process.

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