The correct rule on the necessity of expert testimony has been summarized by Bob Dylan: "You don't need a weatherman to know which way the wind blows." The California courts, although in harmony, express the rule somewhat less colorfully and hold expert testimony is not required where a question is "resolvable by common knowledge."Jorgensen v. Beach 'n' Bay Realty, Inc., 177 Cal. Rptr. 882, 894 (Cal Ct. App. 1981) (internal citations omitted). "Subterranean Homesick Blues" is apparently the leading learned treatise on the subject in California courts, which frequently cite both Dylan and Jorgensen's use thereof (although they have yet to recognize "Weird Al" Yankovic's "Bob"). But as you learn early on in law, every rule—especially an evidentiary one—has an exception.
Indexed by tags law, music, Bob Dylan, Subterranean Homesick Blues, California, evidence, expert, weatherman.
Image credits: Still from "Subterranean Homesick Blues," courtesy Meme Huffer, borrowed for news-reporting and comment purposes.