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On January 15, Paul fell down the stairwell of Dell's Department Store (Dell). Paul sued Dell for personal injuries, alleging he fell because one of

On January 15, Paul fell down the stairwell of Dell's Department Store ("Dell"). Paul sued Dell for personal injuries, alleging he fell because one of the steps was broken. The following occurred at a jury trial in the California Superior Court while Dell's manager, Mark, was being examined by Dell's attorney: QUESTION: Where were you when Paul fell down the stairs? ANSWER: I was standing nearby with my back to the stairs talking to Carol, a store customer, when I heard the noise of the fall. (1) QUESTION: Has Paul sued Dell before? ANSWER: Yes, five times that I personally know about. (2) QUESTION: No one saw the accident. Right? ANSWER: That's right. A thorough investigation was unable to find anyone who saw Paul fall on the stairs. Mark was then cross-examined by Paul's attorney as follows: (3) QUESTION: Isn't it true that you used to be employed by Paul as a cashier in his grocery store and that he fired you for stealing money from the cash register? ANSWER: That is what he claimed. (4) QUESTION: The stairs were repaired the day after Paul fell. Weren't they? ANSWER: Yes. (5) QUESTION: Didn't Carol, the store customer, exclaim at the time of the accident: "Oh no! A man just fell on that broken step"? ANSWER: So, what? QUESTION: Is this the report that Dell's insurance company prepared following an investigation of the accident?ANSWER: Yes. That is the report the insurance company gave me. They always prepare a report in case we get sued. Paul's attorney then moved to enter into evidence the insurance company's report. The report states: "Steps on the stairs at the store are in very poor condition." A. What objections could Paul's attorney and Dell's attorney reasonably make to the questions or answers to Mark's testimony numbered (1) to (5) above, and how should the court rule on each objection? Discuss. B. What objections could Dell's attorney reasonably make to the motion to enter the insurance company's report into evidence and how should the court rule? Discuss. Answer according to California law

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