CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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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.