Is a defendant's rule that, in addition to establishing the method of sample collection, there must be evidence of each individual sample result?

California, United States of America


The following excerpt is from Skouti v. Britz Fertilizers, Inc., F048298 (Cal. App. 7/6/2007), F048298 (Cal. App. 2007):

Defendant has cited no authority for the proposition that, in addition to testimony establishing the method of sample collection, there must be evidence of each individual sample result. Such a requirement would render statistical evidence based on sampling inadmissible in virtually every case. For example, in a criminal DNA case, defendant's proposed rule would require the laboratory technicians to testify about every specimen used to compile the database against which the known DNA sample is measured, which is not the law. (See People v. Venegas (1998) 18 Cal.4th 47, 63.) In a race discrimination case, defendant's rule would require evidence about each person surveyed as a precondition to admissibility of the statistical analysis of, for example, general population statistics, which is not the law. (See Moore v. Hughes Helicoptors, Inc. (9th Cir. 1983) 708 F.2d 475, 482.)

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