Defense counsel Dan Leonard objected at sidebar to plaintiffs attempting to introduce the opinions of Gerald Richards, a photographic expert the plaintiffs had retained but never called as a witness. Judge Fujisaki sustained the objection, ruling that the testifying expert could only reference Richards' work if he actually relied on it — not merely reviewed it.
# 1 MR. LEONARD: Your Honor, I object, at this point. Ask to approach.
# 2 THE COURT: Are we going to spend our time up here?
# 3 MR. LEONARD: No, Your Honor, but—
# 4 THE COURT: Okay, approach.
# 5 MR. LEONARD: Thank you. Very briefly.
# 6 (The following proceedings were held at the bench with the reporter.) # 7 MR. LEONARD: Your Honor, Gerald Richards is the ex—photographic expert that the plaintiffs retained and did not call in their case.
# 8 MR. GELBLUM: So what?
# 9 MR. LEONARD: I'm objecting to any publishing of his opinion through this expert. This expert did not rely on his opinion in any way. I think that's improper hearsay.
# 10 MR. BAKER: This is their second attempt to get this in.
KEY QUOTE # 11 MR. LEONARD: They tried to do this through Bodziak.
# 12 THE COURT: Was his deposition taken?
# 14 THE COURT: Did their witness take this—read this deposition?
# 15 MR. LEONARD: Yes. But he's not relying on his opinion. I think it's improper.
# 16 THE COURT: Okay. I'll sustain the objection. Lay foundation that he relied on it. If not, then you can't use it.
# 17 MR. GELBLUM: He reviewed it.
# 18 THE COURT: I don't care whether he reviewed it or not. If he didn't rely on it, you can't use it. You got it?
KEY QUOTE # 19 MR. GELBLUM: He also opined about Mr. Richards' credentials. Can I ask him about his credentials?
# 20 THE COURT: If you don't lay foundation that he relied on it, you can't use it. Period. Okay. Let's get going. Get to the subject matter.
# 21 (The following proceedings were held in open court in the presence of the jury.)