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P0129 REVIEW DENIED Although an undesignated expert may testify for the purpose of impeaching another expert regarding a foundational fact, such as the prior expert's education and experience, an undesignated expert can not be called to offer nothing more than a contrary opinion; if a jury returns a special verdict reaching conflicting conclusions, before declaring a mistrial, the trial court should determine whether further instruction would assist the jury in correcting a conceptual misunderstanding and provide such instruction if necessaryCitationMIZEL v CITY OF SANTA MONICA (Impeachment Expert) 93 CA4 1059 [See: CCP 2034, 619, Howard Contracting v MacDonald 71 CA4 38; Kennemur v State 133 CA3 907; Fish v Guevara 12 CA4 142, T/AT 3/93; Stark v City 168 CA3 276; Mendoza v Club Car 81 CA4 287; Mish v Brockus 97 CA2 770]
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