Martin
Martin v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDY MARTIN, Case No. 19-cv-01227-EMC
Plaintiff,
ORDER RE NEGATIVE DISCOUNT
v. RATE
CITY OF SAN JOSE, et al., Docket Nos. 137-38 Defendants.
12 13 The Court has reviewed the parties’ briefs regarding Plaintiff’s expert Robert Johnson and his testimony relating to a negative discount rate. See Docket Nos. 137-38. The Court denies Defendants’ motion to strike Mr. Johnson’s testimony. First, the motion to strike is untimely. Defendants did not seek to exclude Mr. Johnson’s testimony until after he had already given his testimony to the jury. Defendants suggest that they did not know that there would be an issue with Mr. Johnson’s testimony until he actually testified at trial because that was the first time he provided concrete numbers for inflation rates and interest rates. That is not wholly accurate. While the interest rate applied under the formula was revised upward at trial (thereby lowering the…