Is it speculative to assume that failure to present witnesses to a motion was because they would give testimony favorable to plaintiff?
California, United States of America
The following excerpt is from Garibaldi v. City of Long Beach, B257300 (Cal. App. 2016):
speculation to assume that the failure to present those witnesses was because they would give testimony favorable to plaintiff" and the court would have erred had it given an instruction permitting an adverse inference]; Smith v. Covell (1980) 100 Cal.App.3d 947, 957.)
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