C.A. 4th
E054322
The Fourth Appellate District reversed in part a judgment. In the published portion of its opinion, the court held that the trial court erred in construing D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 as barring consideration of a plaintiff’s declaration that was inconsistent with the plaintiff’s prior discovery responses, where the declaration was entirely consistent with the allegations in the underlying complaint and the inconsistent discovery responses were apparently the result of attorney error.
