Lee A. Dresie

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A Win, And A Lesson: The Credibility of Expert Witnesses

Fall 2014Article
Primerus 180

Credibility in the courtroom is like virginity.  Once lost, it cannot be regained.  A recent bench trial in Los Angeles Superior Court provides an apt case study.

The case involved a sale of industrial property in north San Fernando Valley, used primarily for storage of trucks and large equipment used in the entertainment industry.  The lawsuit arose when it was discovered after the sale that the seller had misinformed the buyer about the eastern boundary of the property.  That boundary was adjacent to railroad tracks owned by Metrolink.  Everyone knew that Metrolink had a 100-foot right of way, but there was confusion about exactly where that right-of-way lay.  A post-sale survey revealed that my client, the seller, had included in the property sold portions which were actually owned by Metrolink.  This created serious problems both in liability and damages.

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