official records hearsay exception (California) · Go Syfert
← California issues

official records hearsay exception in California

8 California opinions name it 2 courts 2014–2024 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Fisk v. Department of Motor Vehiclesgreen
calctapp · 1981 · cited in 4 California opinions naming this issue, 2014–2018
2 sentences

2018This presumption furthers a policy similar to the one underlying the public records exception to the hearsay rule. ( Jazayeri v. Mao (2009) 174 Cal.App.4th 301 , 317, 94 Cal.Rptr.3d 198 [public records exception "is based on the presumption that public officers properly perform their official duties"]; Fisk v. Department of Motor Vehicles (1981) 127 Cal.App.3d 72 , 78, 179 Cal.Rptr. 379 ["Commentators have recognized the interrelationship between the official records hearsay exception and the presumption of proper performance of official duty."].) The judgment states, "[Yakovlev], who was duly

2018This presumption furthers a policy similar to the one underlying the public records exception to the hearsay rule. ( Jazayeri v. Mao (2009) 174 Cal.App.4th 301 , 317, 94 Cal.Rptr.3d 198 [public records exception "is based on the presumption that public officers properly perform their official duties"]; Fisk v. Department of Motor Vehicles (1981) 127 Cal.App.3d 72 , 78, 179 Cal.Rptr. 379 ["Commentators have recognized the interrelationship between the official records hearsay exception and the presumption of proper performance of official duty."].) The judgment states, "[Yakovlev], who was duly

24
Jazayeri v. Maogreen
calctapp · 2009 · cited in 4 California opinions naming this issue, 2014–2018
2 sentences

2018This presumption furthers a policy similar to the one underlying the public records exception to the hearsay rule. ( Jazayeri v. Mao (2009) 174 Cal.App.4th 301 , 317, 94 Cal.Rptr.3d 198 [public records exception "is based on the presumption that public officers properly perform their official duties"]; Fisk v. Department of Motor Vehicles (1981) 127 Cal.App.3d 72 , 78, 179 Cal.Rptr. 379 ["Commentators have recognized the interrelationship between the official records hearsay exception and the presumption of proper performance of official duty."].) The judgment states, "[Yakovlev], who was duly

2018This presumption furthers a policy similar to the one underlying the public records exception to the hearsay rule. ( Jazayeri v. Mao (2009) 174 Cal.App.4th 301 , 317, 94 Cal.Rptr.3d 198 [public records exception "is based on the presumption that public officers properly perform their official duties"]; Fisk v. Department of Motor Vehicles (1981) 127 Cal.App.3d 72 , 78, 179 Cal.Rptr. 379 ["Commentators have recognized the interrelationship between the official records hearsay exception and the presumption of proper performance of official duty."].) The judgment states, "[Yakovlev], who was duly

24
People v. Ayersgreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015While the affiant who signed the affidavit may have had such a duty to accurately report Reyes’s statements, “such requirement does not transform [the affidavit] into competent, reliable, trustworthy evidence[.]” (Hernandez, supra, 55 Cal.App.4th at p. 240 .) We conclude the affidavit does not come within the official records hearsay exception in Evidence Code section 1280 because it is based on the observations of a witness who had “no official duty to observe and report the relevant 11 facts.” ( Hernandez, supra, at p. 240 ; see also People v. Ayers (2005) 125 Cal.App.4th 988, 994 .) The Peo

11
Gananian v. Zolingreen
calctapp · 1995 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015While the affiant who signed the affidavit may have had such a duty to accurately report Reyes’s statements, “such requirement does not transform [the affidavit] into competent, reliable, trustworthy evidence[.]” (Hernandez, supra, 55 Cal.App.4th at p. 240 .) We conclude the affidavit does not come within the official records hearsay exception in Evidence Code section 1280 because it is based on the observations of a witness who had “no official duty to observe and report the relevant 11 facts.” ( Hernandez, supra, at p. 240 ; see also People v. Ayers (2005) 125 Cal.App.4th 988, 994 .) The Peo

2015While the affiant who signed the affidavit may have had such a duty to accurately report Reyes’s statements, “such requirement does not transform [the affidavit] into competent, reliable, trustworthy evidence[.]” (Hernandez, supra, 55 Cal.App.4th at p. 240 .) We conclude the affidavit does not come within the official records hearsay exception in Evidence Code section 1280 because it is based on the observations of a witness who had “no official duty to observe and report the relevant 11 facts.” ( Hernandez, supra, at p. 240 ; see also People v. Ayers (2005) 125 Cal.App.4th 988, 994 .) The Peo

11
People v. Guerrerogreen
cal · 1988 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015Under 3 The California Supreme Court has not defined the term “record of conviction” and has declined to address “such questions as what items in the record of conviction are admissible and for what purpose[.]” (People v. Guerrero (1988) 44 Cal.3d 343, 356, fn. 1 ; People v. Reed (1996) 13 Cal.4th 217, 223 .) In the trial court, Ortiz argued the affidavit was not part of the “record of conviction.” He does not, however, make this argument in his appellate briefs.

11
Lake v. Reedgreen
cal · 1997 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015While the affiant who signed the affidavit may have had such a duty to accurately report Reyes’s statements, “such requirement does not transform [the affidavit] into competent, reliable, trustworthy evidence[.]” (Hernandez, supra, 55 Cal.App.4th at p. 240 .) We conclude the affidavit does not come within the official records hearsay exception in Evidence Code section 1280 because it is based on the observations of a witness who had “no official duty to observe and report the relevant 11 facts.” ( Hernandez, supra, at p. 240 ; see also People v. Ayers (2005) 125 Cal.App.4th 988, 994 .) The Peo

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
People v. Dunlap green
calctapp · 1993
2 sentences

2024Citing People v. Dunlap (1993) 18 Cal.App.4th 1468 (Dunlap), J-MM argues that the official records hearsay exception can be applied even without witness testimony on this third element.

2015Code, § 1280, subd. (c).) But People v. Dunlap (1993) 18 Cal.App.4th 1468 and Martinez support the proposition defendant’s certified CLETS report was admissible under the official records hearsay exception because it is a trustworthy document.

22015–2024
Kilroy v. State green
calctapp · 2004
1 sentence

2015Appellant, citing Kilroy v. State of California (2004) 119 Cal.App.4th 140 (Kilroy), argues “[p]rinciples of judicial notice prohibit a court from taking judicial notice of the truth of the facts or findings of fact asserted in orders – unless the order . . . establishes a fact for purposes of law of the case, res judicata, or collateral estoppel.” However, judicial notice is a substitute for evidentiary proof and a judicially noticed fact cannot be controverted.

12015–2015
People v. Hernandez green
calctapp · 1997
2 sentences

2015While the affiant who signed the affidavit may have had such a duty to accurately report Reyes’s statements, “such requirement does not transform [the affidavit] into competent, reliable, trustworthy evidence[.]” (Hernandez, supra, 55 Cal.App.4th at p. 240 .) We conclude the affidavit does not come within the official records hearsay exception in Evidence Code section 1280 because it is based on the observations of a witness who had “no official duty to observe and report the relevant 11 facts.” ( Hernandez, supra, at p. 240 ; see also People v. Ayers (2005) 125 Cal.App.4th 988, 994 .) The Peo

2015While the affiant who signed the affidavit may have had such a duty to accurately report Reyes’s statements, “such requirement does not transform [the affidavit] into competent, reliable, trustworthy evidence[.]” (Hernandez, supra, 55 Cal.App.4th at p. 240 .) We conclude the affidavit does not come within the official records hearsay exception in Evidence Code section 1280 because it is based on the observations of a witness who had “no official duty to observe and report the relevant 11 facts.” ( Hernandez, supra, at p. 240 ; see also People v. Ayers (2005) 125 Cal.App.4th 988, 994 .) The Peo

12015–2015
People v. Reed green
cal · 1996
1 sentence

2015Under 3 The California Supreme Court has not defined the term “record of conviction” and has declined to address “such questions as what items in the record of conviction are admissible and for what purpose[.]” (People v. Guerrero (1988) 44 Cal.3d 343, 356, fn. 1 ; People v. Reed (1996) 13 Cal.4th 217, 223 .) In the trial court, Ortiz argued the affidavit was not part of the “record of conviction.” He does not, however, make this argument in his appellate briefs.

12015–2015
People v. Martinez green
cal · 2000
2 sentences

2015(Martinez, at p. 119.) Evidence Code section 1280 defines the official records hearsay exception as follows: “Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal proceeding to prove the act, condition, or event if all of the following applies: [¶] (a) The writing was made by and within the scope of duty of a public employee. [¶] (b) The writing was made at or near the time of the act, condition, or event. [¶] (c) The sources of information and method and time of preparation were such as to indi

2015Code, § 1271), the official records hearsay exception “‘permits the court to admit an official record or report without necessarily requiring a witness to testify as to its identity and mode of preparation if the court takes judicial notice or if sufficient independent evidence shows that the record or report was prepared in such a manner as to assure its trustworthiness.’” (Martinez, supra, 22 Cal.4th at p. 129 , quoting the Cal. Law Revision Com. com., reprinted at 29B pt. 4 West’s Ann.

12015–2015
People v. Waidla green
cal · 2000
1 sentence

2015(People v. Waidla (2000) 22 Cal.4th 690, 725 .) The People contend the court properly admitted the affidavit under the official records hearsay exception in Evidence Code section 1280.4 Evidence Code section 1280 provides: “Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal proceeding to prove the act, condition, or event if all of the following applies: [¶] (a) The writing was made by and within the scope of duty of a public employee. [¶] (b) The writing was made at or near the time of the ac

12015–2015

Statutes the citing opinions construe

CA § Cal. Evidence Code § 1280 (8) CA § Cal. Evidence Code § 195 (3) CA § Cal. Evidence Code § 664 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 8 (2014–2024) OR 2 (2013–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check