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Background facts: Their whole case is based on the testimony of witness X. However, Witness X and my client are in separate litgation and Witness X has alot of ulterior motives. We don't think Oc has any idea about any of this.
I think I'd rather just be upfront about it.... I would rather win on the law and facts than try and be sneaky.
We only learned about Witness X testimony right before case was going trial. By law this type of case has to go be heard within 30 days. Witness X is a non party. I'm not sure OC will conceed what they need to conceed either way but I think they might if they find out. Also litgation against witness X hasn't officially been filed yet but lit hold notices have been sent and negotiations have been on going case isn't super strong so we didn't file untill we have more evidence.