|
P0851 Although a statutory exception permits a declaration, which is hearsay, to support a motion for summary judgment, an exhibit attached but not incorporated into the declaration and not made under oath is not covered by that exception; bills issued by a Water Management Agency to a rate-payer being sued by the agency for non-payment might be admissible under the business records or official records exceptions to the hearsay rule, but only if the time and circumstances of their creation were shown; there is no exception to the hearsay rule for a summary calculation of damages unless the material being summarized is in evidence.CitationPAJARO VALLEY WATER MANAGEMENT AGENCY v MCGRATH (Triple Hearsay) 128 CA4 1093 [See: EvC 1200, 1521; Dart Industries. v Commercial Union 28 C4 1059, P/AT 9/02]
|
|
