PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Hearsay
12 Cards On This Topic:

Declaration must not be based on inadmissible hearsay.

Ps did not raise triable issue as to whether Ds were distributor and manufacturer of exemplar side stand that Ps' experts asserted was essentially identical to defective side stand purported to have caused accident.

Agency cannot establish amount owed by declaration relying on inadmissible hearsay; reversible error not to sustain D's objection.

Deposition testimony from another case submitted in opposition to SJ motion inadmissible under EC §1292 and not equivalent to SJ affidavit.

Declaration filed by attorney for party in summary judgment proceeding without showing personal knowledge is improper.

Statement in opposing party’s counsel’s decl. disregarded because hearsay.

Though he failed to allege personal knowledge and competency to testify, atty’s affidavit in support of D’s SJ sufficient where pleadings of prior case in which he also represented D attached.

Decl. of attorney going to merits of case inadmissible, as affiant had no personal knowledge of facts from which he could testify.

While Ds’ use of terms from collective bargaining agrmt in supporting decls were hearsay, P had incorporated terms by reference in complaint.

Hearsay statements in decl. of no value in determination of whether triable issue of fact present.

Anonymous pamphlet attached to decl. opposing motion for SJ, found "grossest form of hearsay."

One affiant may not simply adopt another’s affidavit. To do so makes first affiant’s statements hearsay.