In City of Fresno v. Harrison (1984) 154 Cal.App.3d 296, the issue at trial was the amount of the defendant property owners' damages in an eminent domain action. (Id. at p. 298.) The plaintiff municipality failed to timely disclose its expert witness, but the trial court allowed the plaintiff's expert to testify at trial over the defendants' objection. (Id. at p. 299.) The plaintiff's expert testified the defendants' damages were $0, and the jury adopted this number and concluded the defendants suffered no damages. (Id. at p. 298.) The trial court granted the defendants' new trial motion, concluding an irregularity in the proceeding and accident or surprise prevented defendants from having a fair trial. Harrison affirmed and determined the "trial court could rightly find a denial of a fair trial resulted from the unexpected testimony of the plaintiff's expert." (Id. at pp. 300-301.)