CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Liability or Duty
6 Cards On This Topic:
  • Statement by declarant admissible when party's liability dependent on liability of declarant.
  • Hearsay statement by declarant whose liability or breach of duty is in issue admissible under Evid. Code §1224.
  • Hearsay statement admissible under Evid. Code §1224 may serve as basis for expert opinion.
  • Specific statement by employee related to accident held admissible despite respondeat superior. Evid. Code §1224 applies.
  • Spontaneous declaration made by employee admitting liability is admissible as vicarious admission.
  • Admissions of employees do not apply to respondeat superior situations; not admissible against employer in tort action.