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Louie v. Gdowski11/27/2000
it finds merit to it, fashion the appropriate remedy. There is therefore no reason for us to further pursue the matter.
The second contention is that the court improperly precluded a city building inspector (Dennis Bogle) from testifying about his September 1995 inspection of the properties and issuance of a citation to defendants. An Evidence Code section 402 hearing was conducted in which Bogle testified. The court ultimately disallowed the evidence, apparently concluding Bogle's testimony was not probative. There is no need for us to review this ruling. If plaintiff wishes to present Bogle's testimony at trial, its admissibility will depend upon plaintiff's offer of proof and theory of the case, both of which could very well vary from that presented in the first trial conducted three years ago. Consequently, we conclude this matter is best left to the trial court's discretion upon retrial.
disposition
The judgment is reversed to permit retrial before a properly instructed jury. Appellant Diana Gdowski to recover her costs on appeal.
CERTIFIED FOR PARTIAL PUBLICATION
We concur:
HASTINGS, J.
CURRY, J.
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