In a personal injury action brought by the mother of a child with mental health issues, how has the court treated the mother's request for live witness testimony?
California, United States of America
The following excerpt is from Blum v. Herbstman (In re Marriage of Blum), H046416 (Cal. App. 2019):
Mother argues that the "court ultimately relied on party declarations and limited cross-examination in contravention to [sic] Elkins and due process requirements." (See Elkins v. Superior Court (2007) 41 Cal.4th 1337 (Elkins).) Mother complains that the court denied her request for live witness testimony without making good cause findings in conformity with section 217 and rule 5.113.
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