This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

California Courts of Appeal,
Appellate Practice

Jun. 22, 2020

The $1.6 million question:When is an out-of-court statement not hearsay?

One of the most difficult areas of law to learn and apply is the hearsay rule. Appellate lawyers, and even learned appellate justices, sometimes get it wrong. Recently, the California Supreme Court's correction of just such an error revived a $1.6 million judgment for the plaintiff in an asbestos case.

Sarah Hofstadter

Of Counsel
California Appellate Law Group LLP

96 Jessie Street
San Francisco , California 94105

Phone: (415) 649-6700

Email: sarah@calapplaw.com

Stanford Univ Law School

Sarah Hofstadter is of counsel with the California Appellate Law Group LLP, an appellate boutique based in San Francisco. She spent more than a dozen years as a research and staff attorney for jurists on the California Courts of Appeal and the 9th Circuit. Find out more about Sarah and the California Appellate Law Group LLP at www.calapplaw.com

The $1.6 million question:When is an out-of-court statement not hearsay?
Shutterstock
APPELLATE ZEALOTS

One of the most difficult areas of law to learn and apply is the hearsay rule. Appellate lawyers, and even learned appellate justices, sometimes get it wrong. Recently, the California Supreme Court's correction of just such an error revived a $1.6 million judgment for the plaintiff in an asbestos case. Hart v. Keenan Properties, Inc., ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up