Hearsay Objection

[Rick James]

What is the name of your state? CA

I'm representing myself and my mother pro per in a civil unlimited case. Prior to my father's death, he received a judgement in the amount of $5015.00. My mother is the rightful owner to the judgment, and I want to ensure she received the monies she is entitled.

The opposition claims that my father made a promised to forgive their debt. Nothing was mentioned to my mom and I, and there isn't anything in writing. It's quite obvious that the opposition is being less than truthful. According to the opposition, they will be entering hearsay testimony from three individuals--him, his wife, and his daughter.

My question. Is there some sort of hearsay objection I can make? My father isn't around to discredit their claim. Any insight would be greatly appreciated.

 

[badapple40]

So your father, and later his estate, is entitled to the judgment.

They have nothing in writing.

Cal Evid Code § 1261 (2004)

§ 1261. Statement of decedent offered in action against his estate

(a) Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant if the statement was made upon the personal knowledge of the declarant at a time when the matter had been recently perceived by him and while his recollection was clear.

(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.

I would argue that this evidence should be excluded under (b), since it is self-serving, lacks documentary support, which should be existent for a $5,000 judgment, there was no signed satisfaction of judgment filed by your now-deceased father with respect to the original lawsuit, and these people have no written or recorded evidence to prove otherwise.

I would also have you and your mother testify, if it is truthful, to the extent that your now-deceased father discussed the lawsuit with you both, you were aware of its status, he regularly provided updates, and he never discussed any type of release of claims, which he would have if the judgment was released.

 

[I AM ALWAYS LIABLE]

My response:

Also, you can't represent your mother or the Estate. You're not an attorney.

IAAL