Declaration Used To Prove Limited Jurisdiction Case.
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A judgment was entered against a man for unpaid credit card charges in a limited civil case. The man’s original debt was owed to a bank. The bank sold the account to a receivables company. The receivables company assigned the account to plaintiff. The declaration of plaintiff’s custodian of records, with attached bill of sale, assignment and monthly billing statements, was used at trial to prove the debt. On appeal, defendant contended the trial court erred in admitting the declaration and attachments based on inadmissible hearsay, lack of foundation and lack of authentication. The appellate division of the superior court found an exception to the hearsay rule, Evidence Code section 1271’s business records exception applied, and affirmed. (Unifund CCR, LLC v. Dear (Cal. Super. Ct.; December 21, 2015) 243 Cal. App. 4th Supp. 1.)
