Opinion

Hoffman v. Brandt

  • 65 Cal. 2d 549
  • 55 Cal. Rptr. 417
  • 421 P.2d 425
  • 1966 Cal. LEXIS 223
Court
California Supreme Court
Filed
Dec 29, 1966
Status
Published
Author
McComb
On the bench
McComb, Peters
Cited by
43 cases

reversal solely on improper reference, in closing, to party's pecu-niaiy straits, and stating that "justice is to be accorded to rich and poor alike, and a deliberate attempt by counsel to appeal to social or economic prejudices of the jury, including the wealth or poverty of the litigants, is misconduct where the asserted wealth or poverty is not relevant to the issues of the case”

How later courts described this case

  • reversal solely on improper reference, in closing, to party's pecu-niaiy straits, and stating that "justice is to be accorded to rich and poor alike, and a deliberate attempt by counsel to appeal to social or economic prejudices of the jury, including the wealth or poverty of the litigants, is misconduct where the asserted wealth or poverty is not relevant to the issues of the case”

Written by the judges who cited it.

Distinguished

  • Distinguished by Hart v. Wielt, 4 Cal. App. 3d 224 (1970)

    We think Hoffman is distinguishable from the present case and that the admonition cured the error.
    California Court of AppealFeb 6, 1970Read it

The opinion

McCOMB, J.

I dissent. I would affirm the judgment for the reasons expressed by Justice Taylor in the opinion prepared by him for the Court of Appeal, First Appellate District, Division Two (Hoffman v. Brandt, 1 Civ. 22745, filed May 31, 1966, certified for nonpublication).

Respondent’s petition for a rehearing was denied January 25, 1967.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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