Daubert Standard -

California

California does not follow Daubert. Instead, courts follow the “general acceptance test,” otherwise referred to as the Kelly-Frye standard. Frye v. United States, 293 F. 1013 (1923) and People v. Kelly, 17 Cal 3d 24 (1976). A court’s gatekeeper-ability is limited to ensuring the foundation of opinions are the type reasonably relied upon by experts in the field. See Sargon Enterprises v. University of Southern California, 55 Cal 4th 747, 772 (2012); see also People v. Azcona (2020), 58 Cal. App. 5th 504, 511.