Courtroom Success: David Axelrad and Mary Christine Sungaila June 10, 2009 12:00 AM IADC members David Axelrad and Mary Christine Sungaila of Horvitz & Levy were victorious in a case in which the California Court of Appeals confirmed the trial court's ability to exclude unfounded expert testimony in a residential mold case. Darcee Dee, a resident of four months, sued her landlord and property management company for alleged physical injuries, as well as fear of cancer, from living in an apartment that purportedly had toxic mold in it. After hearing the plaintiff's experts testify over several days of a 402 hearing, the trial court granted the defendants' motions in limine to exclude most of the plaintiff's experts' testimony based on a lack of foundation under Evidence Code 801. The remaining portions of Dee's claims were tried to a jury, and the jury rejected her claims. Back to news