Daubert in State Courts
Daubert in California
California is historically a Frye jurisdiction, called Kelly-Frye, for the California case People v. Kelly (1976) 17 Cal.3rd 24 that applied Frye in California. In 2012 the California Supreme Court handed down Sargon Enterprises Inc. v. The University of Southern California, 55 Cal.4th 747 (2012) (Sargon) which has been heralded as a Daubert enabling opinion
The Sargon Court adopted the basic framework of Daubert and its immediate progeny, along with much of its terminology, prompting some commentators to put California into the Daubert column. But it’s not clear that Sargon goes quite that far.