About the Authors
Christopher R. Aitken, Esq. is a partner in the Santa Ana firm of Aitken Aitken Cohn. Mr. Aitken represents plaintiffs in major civil jury trial litigation involving personal injury, insurance bad faith, wrongful death, and general business litigation. He has been a frequent continuing education speaker at Orange County Bar Association and Hispanic Bar Association seminars, and is an active member of the California Trial Lawyers Association and the Orange County Trial Lawyers Association. He earned his law degree from the University of Southern California School of Law.
Wylie A. Aitken, Esq. is a founding partner in the Santa Ana firm of Aitken Aitken Cohn. Mr. Aitken is a plaintiff’s trial attorney and former President of the California Trial Lawyers Association (now the Consumer Attorneys of California). He was the Orange County Trial Lawyer of the Year in 1996, was named as a “2004 Southern California Super Lawyer,” and has been featured in Best Lawyers in America. He is a graduate of Marquette University Law School.
Stephen G. Blitch, Esq. serves as a neutral mediator with ADR Services, Inc., San Francisco. He formerly was a partner in the Oakland office of Reed Smith, LLP, specializing in civil trial practice, with an emphasis on business litigation, including business torts, products liability, class actions, construction, real estate, financial services, and environmental litigation. He frequently lectures on trial evidence and trial practice and has taught at the National Institute for Trial Advocacy. He is listed in Best Lawyers in America and is a fellow of the American College of Trial Lawyers. Mr. Blitch is a contributing author of California Trial Objections (Cal CEB). He is a graduate of the University of California, Berkeley, School of Law.
The late Barbara A. Caulfield, Esq. was a partner at Kaye Scholer, LLP. She formerly was the managing partner of the Silicon Valley office of Dewey & LeBoeuf, and co-chair of its intellectual property litigation group. Ms. Caulfield had extensive experience in complex intellectual property litigation for pharmaceutical and biotechnology companies. She also had formerly been executive vice president and general counsel of Affymetrix, Inc., a Santa Clara biotechnology company. Before that, she was a partner at a major international law firm, and was a former United States District Judge. Ms. Caulfield had taught trial advocacy and related topics at Stanford and Harvard Law Schools. She was a graduate of Northwestern University School of Law. Ms. Caulfield died in 2010.
John W. Downing, Esq. maintains a solo law practice that centers on intellectual property litigation and technical cases. He has particular expertise in technology related to semiconductors and computer software, as well as matters involving biotechnology, pharmaceuticals, and medical devices. He has represented clients in state and federal court, as well as before the International Trade Commission. He earned his law degree from the University of Arizona College of Law.
The late Hon. Barrett J. Foerster was a judge of the Imperial County Superior Court. He began his judicial service in November 2003, after serving as a Probate Referee and Inheritance Tax Referee. In 2004, he was recognized for outstanding service as a Family Law Specialist and Superior Court Judge by the State Bar. In addition to his work on this publication, Judge Foerster was a contributing author to California Child and Spousal Support: Establishing, Modifying, and Enforcing (Cal CEB) and Family Law Financial Discovery (Cal CEB). Judge Foerster earned a J.D. degree from the University of California, Los Angeles, School of Law, and an LL.M. degree in labor and employment law from the University of San Diego School of Law. Judge Foerster died in 2010.
Hon. Holly J. Fujie is a judge of the Los Angeles County Superior Court. Before becoming a judicial officer, she was a litigation shareholder of Buchalter Nemer, PC, in Los Angeles, specializing in complex civil litigation and serving as chair of the firm’s insurance group. She formerly was a member of the California State Bar’s Board of Governors, and was elected President of the State Bar for 2008–2009. She is a contributing author of Effective Introduction of Evidence in California (2d ed Cal CEB). Judge Fujie earned her law degree from the University of California, Berkeley, School of Law.
Hon. Arthur Gilbert has been the Presiding Justice of the Second District Court of Appeal, Division Six since November 1999, and was elevated to the Court of Appeal in 1982. He served as a Judge in Los Angeles County from 1975–1982. Before becoming a judge, he was in private practice for 10 years, and also served as a Los Angeles Deputy City Attorney. He has been involved in judicial education, written and lectured, and has served in many capacities with professional organizations. He has twice been named “Appellate Justice of the Year,” and received the Bernard S. Jefferson Award from the California Judges Association in 1987. Justice Gilbert is a graduate of the University of California, Berkeley, School of Law.
Hon. Thomas E. Hollenhorst has been an Associate Justice of the Court of Appeal, Fourth Appellate District, since 1988. He previously served as a Judge in Riverside County, and also worked for the county as an acting, assistant, and deputy district attorney. He is the former chair of the Center for Judicial Education and Research’s Governing Committee, and also has served as Chair of Judicial Education for the Appellate Judge Conference of the American Bar Association. He is a past recipient of the Jefferson Award from the California Judges Association. He received his J.D. degree from the University of California, Hastings College of the Law, and an LL.M. degree from the University of Virginia School of Law.
Hon. Ken M. Kawaichi (Ret.) is a private neutral with Judicial Arbitration and Mediation Services. He served for some 28 years as a Judge in Alameda County before becoming a neutral. He has been a frequent speaker on evidence for the California Judges Association and the Center for Judicial Education and Research, and early in his career was an Assistant Professor at the University of California, Berkeley. Judge Kawaichi received the 2003 Benjamin Aranda III Access to Justice Award, and has chaired or otherwise been an outstanding member of numerous professional associations. He is a graduate of the University of California, Berkeley, School of Law.
Hon. William F. McDonald (Ret.) is a private neutral with Judicial Arbitration and Mediation Services, with particular expertise in complex commercial cases. Before becoming a neutral, he was the supervising judge of the Orange County Superior Court’s Complex Civil Litigation Panel, having been appointed to the bench in 1981. While in practice, Judge McDonald had specialized in intellectual property law as a registered patent attorney and in business litigation for some 15 years. He is a certified member of the World Intellectual Property Law Organization panel of Arbitrators and Mediators, and has been the recipient of numerous awards as Judge of the Year from professional associations. Judge McDonald is a graduate of Georgetown University Law Center.
Peter E. Root, Esq. is a partner in the Silicon Valley office of Dewey & LeBoeuf, specializing in complex business and commercial litigation with an emphasis on intellectual property and technology matters, securities and corporate governance litigation, and claims involving mergers and acquisitions. He previously was an associate general counsel at Affymetrix, Inc., a biotech company, and earlier was a partner at a major international law firm. Mr. Root earlier served as a Special Assistant District Attorney for the San Francisco District Attorney’s Office and as a judicial clerk for the Ninth Circuit Court of Appeals. He is a graduate of the University of California, Berkeley, School of Law.
Hon. Laurie D. Zelon (Ret.) was an Associate Justice of the California Court of Appeal, Second District, Division 7. She became an Associate Justice in 2003. Justice Zelon was appointed to the Los Angeles County Superior Court in 2000. Before her elevation to the bench, Justice Zelon was in private practice for some 23 years handling litigation involving scientific and technical issues, fiduciary obligations, and other complex commercial disputes. She is a past President of the Los Angeles County Bar Association, a former Chair of the California Commission on Access to Justice, and has received numerous awards for pro bono service. She is a graduate of Harvard Law School.
About the 2023 Update Authors
Hon. Gregory W. Alarcon has been a judge in the Los Angeles Superior Court for over 25 years. Before becoming a judge, he was a Deputy Attorney General for the State of California, a Deputy District Attorney for Los Angeles County, and an Assistant United States Attorney for the Central District of California. He was awarded the David McKibben Excellence in Teaching Award for his teaching at Pepperdine University, and he is a frequent lecturer on various trial issues. Judge Alarcon received his undergraduate degree from the University of California, Los Angeles, and his law degree from Loyola Law School. Judge Alarcon is the update author of chapters 2, 6, 22, 30, 42, and 49.
Torsten M. Bassell, Esq., is a partner at Lari-Joni & Bassell, LLP. He is a trial attorney and appellate lawyer, who specializes in cases involving contract disputes, personal injuries, and insurance litigation. He is an active member of the American Board of Trial Advocates, serves on the board of governors for the Consumer Attorneys Association of Los Angeles, and routinely lectures and contributes articles on the law of evidence. Mr. Bassell is also a graduate of Southwestern Law School where for the last 10 years he has taught evidence and trial procedures as an advisor and coach to the Trial Advocacy Honors Program. Mr. Bassell is the update author of chapters 4–5 and 29.
Hon. Matthew C. Braner was appointed San Diego Superior Court Judge in 2014. He previously served as the Supervisor of the Appeals and Writs Unit in the San Diego Primary Public Defender’s Office from 1998–2014 and as an adjunct professor at California Western School of Law beginning in 2002. Before that, Judge Braner worked as a trial deputy in San Diego and San Bernardino counties. He received his B.A. in 1981 from the University of California, Berkeley, and his J.D. in 1985 from the University of California, Hastings College of the Law. Judge Braner co-authored the 2006 revision and is the update author of “Felony Sentencing,” California Criminal Law Procedure and Practice, chapter 37 (Cal CEB). He is also the update author of chapter 9 (DUI) of California Criminal Sentencing Enhancements (Cal CEB). Judge Braner reviewed chapters 10, 33, and 43.
Hon. Arthur Gilbert. See the About the Authors section for full biographical information. Justice Gilbert is the update author of chapter 47.
Hon. Brenda F. Harbin-Forte (Ret.) was a judge of the Alameda County Superior Court. She was first appointed to the Municipal Court bench in 1992 and was elevated to the Superior Court in 1998. Before becoming a bench officer, Judge Harbin-Forte was a private attorney with Harris, Alexander & Burris, where she handled civil and criminal cases, and later was a partner with Thelen, Marrin, Johnson & Bridges, specializing in complex civil litigation matters. She has received numerous awards for judicial excellence and has been at the forefront of efforts to improve diversity in the judiciary. She received her undergraduate degree from the University of California, Berkeley, and her law degree from the University of California, Berkeley, School of Law. She is the update author of chapter 35.
Hon. Ken M. Kawaichi (Ret.). See the About the Authors section for full biographical information. For the 2022 update, Judge Kawaichi reviewed chapters 1 and 28.
Michael J. Shipley, Esq., is a litigation partner in the Los Angeles office of Kirkland & Ellis LLP. He represents individuals and companies in high-stakes commercial, securities, and corporate governance litigation in state and federal courts. He also maintains a significant pro bono practice. A frequent commentator on issues of California state civil procedure, Mr. Shipley has been the author of 111 North Hill Street: A Blog of California Civil Procedure since 2013. He is the update author of chapter 8.