past recollection recorded exception (California) · Go Syfert
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past recollection recorded exception in California

8 California opinions name it 2 courts 1981–2026 6 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 (2)

CaseFollowedCited
Singh v. Lipworth CA3green
calctapp · 2014 · cited in 2 California opinions naming this issue, 2026–2026
2 sentences

2026(See Singh v. Lipworth (2014) 227 Cal.App.4th 813, 817 [contention forfeited absent meaningful analysis supported by citation to authority].) 5 Undesignated statutory references are to this code. 13 added that the officer’s report was a summary containing ambiguous phrasing, explaining that “locking brakes could be back brakes, front brakes, both brakes, nobody knows.” The court rejected Suzuki’s argument that the statement was relevant to show Soulliere did not mention brake failure, stating the exception is “for statements made, not for statements not made.” While we appreciate the court’s e

2026(See Singh v. Lipworth (2014) 227 Cal.App.4th 813, 817 [contention forfeited absent meaningful analysis supported by citation to authority].) 5 Undesignated statutory references are to this code. 13 added that the officer’s report was a summary containing ambiguous phrasing, explaining that “locking brakes could be back brakes, front brakes, both brakes, nobody knows.” The court rejected Suzuki’s argument that the statement was relevant to show Soulliere did not mention brake failure, stating the exception is “for statements made, not for statements not made.” While we appreciate the court’s e

22
People v. Cowangreen
cal · 2010 · cited in 4 California opinions naming this issue, 2023–2026
2 sentences

2026(Fairbank et al., Cal. Practice Guide: Civil Trials and Evidence (The Rutter Group 2025) ¶ 8:1363.) If they are met, the writing may be read into evidence. (§ 1237, subd. (b).) As with other preliminary facts, the trial court generally decides if the witness’s affirmation of the statement as true is sufficiently reliable. (§ 405, subd. (a); People v. Cowan (2010) 50 Cal.4th 401, 467 .) But when “[t]he proffered evidence is of a statement . . . of a particular person and the preliminary fact is whether that person made the statement,” the court’s role 6 Vehicle Code section 20013 makes accident

2026Code, § 1237, subd. (a).)” (People v. Cowan (2010) 50 Cal.4th 401, 465 .) 3.

14

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. Robinson neutral
calctapp · 1966
1 sentence

2022No more was required.” (People v. Robinson (1966) 239 Cal.App.2d 579, 588 .) We are also unimpressed with the Attorney General’s argument regarding the past recollection recorded exception to the hearsay rule.

12022–2022
People v. Simmons green
calctapp · 1981
1 sentence

2021However, [defendant] submits that is not enough to satisfy the statute and the holding in People v. Simmons [(1981) 123 Cal.App.3d 677 ].

12021–2021
People v. Cummings green
cal · 1993
2 sentences

2019(See 24 Cummings, supra, 4 Cal.4th at p. 1298 ; Diaz, supra, 95 Cal.App.4th at p. 706 ; Lopez, supra, 64 Cal.App.4th at p. 1128 .) II HEARSAY STATEMENTS A. Royal's Contentions Royal asserts the trial court prejudicially erred by admitting certain out of court statements from L.N. under the past recollection recorded exception to the hearsay rule.

2019(See Cummings, supra, 4 Cal.4th at pp. 1293-1294.) Thus, having found no error, it did not engage in any harmless error analysis.

12019–2019
People v. Lopez green
calctapp · 1998
2 sentences

2019(See 24 Cummings, supra, 4 Cal.4th at p. 1298 ; Diaz, supra, 95 Cal.App.4th at p. 706 ; Lopez, supra, 64 Cal.App.4th at p. 1128 .) II HEARSAY STATEMENTS A. Royal's Contentions Royal asserts the trial court prejudicially erred by admitting certain out of court statements from L.N. under the past recollection recorded exception to the hearsay rule.

2019(See 24 Cummings, supra, 4 Cal.4th at p. 1298 ; Diaz, supra, 95 Cal.App.4th at p. 706 ; Lopez, supra, 64 Cal.App.4th at p. 1128 .) II HEARSAY STATEMENTS A. Royal's Contentions Royal asserts the trial court prejudicially erred by admitting certain out of court statements from L.N. under the past recollection recorded exception to the hearsay rule.

12019–2019
People v. Diaz green
calctapp · 2002
2 sentences

2019(See 24 Cummings, supra, 4 Cal.4th at p. 1298 ; Diaz, supra, 95 Cal.App.4th at p. 706 ; Lopez, supra, 64 Cal.App.4th at p. 1128 .) II HEARSAY STATEMENTS A. Royal's Contentions Royal asserts the trial court prejudicially erred by admitting certain out of court statements from L.N. under the past recollection recorded exception to the hearsay rule.

2019(See 24 Cummings, supra, 4 Cal.4th at p. 1298 ; Diaz, supra, 95 Cal.App.4th at p. 706 ; Lopez, supra, 64 Cal.App.4th at p. 1128 .) II HEARSAY STATEMENTS A. Royal's Contentions Royal asserts the trial court prejudicially erred by admitting certain out of court statements from L.N. under the past recollection recorded exception to the hearsay rule.

12019–2019
Carroll v. Beavers green
calctapp · 1954
2 sentences

1981Counsel for the plaintiff cites Carroll v. Beavers (1954) supra, 126 Cal.App.2d 828 [ 273 P.2d 56 ], in support of his appeal.

1981Counsel for the plaintiff cites Carroll v. Beavers (1954) supra, 126 Cal.App.2d 828 [ 273 P.2d 56 ], in support of his appeal.

11981–1981

Statutes the citing opinions construe

CA § Cal. Evidence Code § 1237 (7) CA § Cal. Evidence Code § 1235 (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

IL 30 (1967–2024) NY 18 (1980–2023) CA 8 (1981–2026) MA 6 (1980–2011) VA 5 (1989–2016) HI 5 (1999–2019) FL 5 (1985–2025) IN 3 (1980–1998) TX 3 (1974–2009) PA 3 (1981–2015) OR 2 (2019–2026) WI 2 (1968–1992) DC 2 (1976–2003) AL 2 (1998–2015) MI 2 (1975–1977)

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.

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