Evidence code 1271 and 1280 Offical and Business record

[AgentSmithers]

What is the name of your state (only U.S. law)? California
Hi everyone, from my understanding the difference between the two is that business record exceptions are used for private entity while official records are used for public entity's.
What determines if an entity is Public? Is it the Factious paperwork that is filed at the county? How does one confirm if an entity is indeed public / private for the purpose of 1280?
The Traffic and Engineering Survey I reviewed appears they hired a third party company to complete the survey and may have issues being purported as an Official record during trial.
Thank you for the feedback.

 

[FlyingRon]

Posting Hx.

1271 indeed covers admissibility of written business records while 1280 covers records made by public employees.

A public employee is one who is employed by the government. It covers things like police officers, traffic engineers who actually work for the state, etc. A contractor would not be a public employee.

If the traffic survey is completed by a contractor, then it comes under 1271. However since it was done under contract to the state, a state employee certainly can be the one to testify under 1271 (c).

Do you want to actually provide the actual details rather than just generating random bullpoop out othe statutes in homes that you can throw it against the wall and make it stick?

 

[AgentSmithers]

Posting Hx.

1271 indeed covers admissibility of written business records while 1280 covers records made by public employees.

A public employee is one who is employed by the government. It covers things like police officers, traffic engineers who actually work for the state, etc. A contractor would not be a public employee.

If the traffic survey is completed by a contractor, then it comes under 1271. However since it was done under contract to the state, a state employee certainly can be the one to testify under 1271 (c).

Do you want to actually provide the actual details rather than just generating random bullpoop out othe statutes in homes that you can throw it against the wall and make it stick?

Yes Sir, Here is the Survey
http://www.cityofpalmdesert.org/home/showdocument?id=13726

Go to page A.86 and see.
Prepared by:
Joe Foust, Stantec Consulting Services Inc.
December 2, 2013
Joe Foust, P.E

Stantec is a Publicly traded company. Any barring?

 

[FlyingRon]

I don't want the survey. Part of your legal issues seems to be that you are incapable of listening to the questions posed to you and incapable of responding appropriately.

Why do you think the survey should be barred?
Why do you think the survey should need be entered into evidence at all?

Anyhow, you may wish to research People v. Flaxman. The issue of traffic surveys as evidence has been addressed. It discusses such at length. The answer is, the surveyis admissible.

 

[AgentSmithers]

I don't want the survey. Part of your legal issues seems to be that you are incapable of listening to the questions posed to you and incapable of responding appropriately.

Why do you think the survey should be barred?
Why do you think the survey should need be entered into evidence at all?

Anyhow, you may wish to research People v. Flaxman. The issue of traffic surveys as evidence has been addressed. It discusses such at length. The answer is, the surveyis admissible.

Ron,
I think you have misread my opening question. I am simply trying to understand the difference and fine line between specific details.
I have read through Flaxman years ago and I understand fully of the judge took Judicial notice to enter the Survey to satisfy 1280 and why. I am not inquiring about a Survey being entered in for any of the CVC's either. I am simply asking

"What determines if an entity is Public? Is it the Factious paperwork that is filed at the county? How does one confirm if an entity is indeed public / private for the purpose of 1280?"

And to your point of a Contract under the state. Is there a clause that says something about there having to be a legal reason for the report to be created for that exception to take place?

"if all of the following applies:
(a) The writing was made by and within the scope of duty of a
public employee."

Even though the employee generating the Survey Data is not a public employee?

Ron,
Just to clarify I am not arguing I am merely trying to understand.
Thanks,
-Agent