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Cal. Evidence Code § 1242 (2026)

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Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the statement was made upon his personal knowledge and under a sense of immediately impending death.

Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1979–2024 · leading case: People v. Mayo, 2006 Cal. Daily Op. Serv. 5121 (Cal. Ct. App. 2006).
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People v. Mayo, 2006 Cal. Daily Op. Serv. 5121 (Cal. Ct. App. 2006). · cites it 3× “" (Evid.Code, § 1242.) A declarant's knowledge of his or her impending death need not be established by direct evidence, but may be proved by all the circumstances, including the declarant's physical condition, the nature and seriousness of his or her wounds, the declarant's…”
People v. Em, 171 Cal. App. 4th 964 (Cal. Ct. App. 2009). · cites it 2× “(Evid. Code, § 1242.) From this evidence, the jury could reasonably infer defendant was wearing gang paraphernalia, and was close enough to Thongdeng when he approached Mr.”
People v. Sims, 853 P.2d 992 (Cal. 1993). · cites it 2× “At the conclusion of the hearing, the trial court ruled, over objection by defense counsel, that the totality of the circumstances warranted the admission of Melkie's statements as dying declarations.”
People v. Monterroso, 101 P.3d 956 (Cal. 2004). “” (Evid. Code, § 1242.) “ ‘This sense of impending death may be shown in any satisfactory mode, by the express language of the declarant, or be inspired from his evident danger, or the opinions of medical or other attendants stated to him, or from his conduct, or other…”
People v. Johnson, 353 P.3d 266 (Cal. 2015). “” (Evid. Code, § 1242, italics added.) Each of these elements is satisfied in defendant’s case.”
Richard A. Barker v. Paul Morris, Warden, California State Prison at Folsom, 761 F.2d 1396 (9th Cir. 1985). “804(b)(2) (dying declaration); Cal. Evid.Code § 1242 (same); Fed.R.Evid.”
People v. Adams, 216 Cal. App. 3d 1431 (Cal. Ct. App. 1990). “Discussion I Over defendant’s objection, the trial court granted the prosecutor’s motion in limine to admit Hughes’s statements as dying declarations under *1436 Evidence Code section 1242. The evidence pertinent to the ruling is as follows: After he was shot, Hughes was taken…”
Houghtaling v. Superior Court of San Bernardino Cty., 93 Cal. Daily Op. Serv. 6053 (Cal. Ct. App. 1993). · cites it 2× “Thus, Evidence Code section 1230 defines a "declaration against interest" as a statement which, due to the likely deleterious personal consequences, "a reasonable man ... would not have made ... unless he believed it to be true.”
People v. Pedroza, 54 Cal. Rptr. 3d 636 (Cal. Ct. App. 2007). “(Evid. Code, § 1242.) 4 Davis considered the testimonial nature of statements made in connection with two separate appeals which were consolidated for hearing and decision in the Supreme Court.”
People v. Smith, 214 Cal. App. 3d 904 (Cal. Ct. App. 1989). “) 5 This conclusion conforms to the procedural change brought about by the enactment of the Evidence Code respecting the court’s determination of facts foundational to the admission of dying declarations.”
People v. Black, 96 Cal. App. 3d 846 (Cal. Ct. App. 1979). “Evidence Code section 1242 provides that: “Evidence of a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the statement was made upon his personal knowledge and under a sense of immediately…”
Eric Saldivar v. Greg Lewis, 585 F. App'x 693 (9th Cir. 2014). “De La Rosa died an hour and a half later. In California, “a statement made by a dying person respecting the cause and circumstances of his death is not made inadmissible by the hearsay rule if the statement was made upon his personal knowledge and under a sense of immediately…”
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