CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Admissions: In General (Civil)
.........Judicial & Discovery Admissions
6 Cards On This Topic:
  • Boilerplate allegation of Ds' mutual agency did not constitute a binding judicial admission allowing law firm Ds to bind other Ds to arbitration agreement between P and law firm.
  • Judicial admission may consist of allegation in pleading or attorney's concession or stipulation to facts.
  • Admissions against interest in interrogatories and depositions admissible to support summary judgment motion because of high credibility value.
  • Attorney's declaration under Code Civ. Proc §473 to rectify mistake inadmissible as admission of party opponent in subsequent malpractice action.
  • Testimony of litigant contrary to his/her legal position admissible under hearsay exception.
  • Pleading in other civil proceeding may be offered as admission in subsequent proceeding.