Yeung

DISCUSSION

I

Yeung's Pretrial Motion to Exclude Untimely Produced Evidence

Yeung contends the trial court abused its discretion by denying in part his pretrial

motion to exclude certain evidence that Caltrans untimely produced and disclosed to him.

He argues the court should have barred Caltrans from all use or reference to that evidence

and should not have allowed its use in impeaching his testimony.

2 A

Yeung filed a pretrial motion seeking an order precluding Caltrans from

introducing or referring to certain evidence it had untimely produced, including 445

pages of documents produced by Caltrans on July 10, 2013, and three computer hard

drives produced by Caltrans on July 24, 2013. He argued the introduction of that

previously undisclosed evidence would "incurably" prejudice him because it would be

"virtually impossible" at that stage of the litigation to adequately respond to it. Caltrans

opposed the motion, conceding it had untimely produced the three hard drives but

arguing it should nevertheless be allowed to use them to impeach Yeung.

On August 20, 2013, the first day of trial, the trial court found Caltrans did not

timely produce the hard drives by…