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KULSHRESTHA v. FIRST UNION COMMERCIAL CORP.

No. S115654.

15 Cal.Rptr.3d 793 (2004)

93 P.3d 386

33 Cal.4th 601

Dheeraj KULSHRESTHA, Plaintiff and Appellant, v. FIRST UNION COMMERCIAL CORPORATION, et al., Defendants and Respondents.

Supreme Court of California.

July 19, 2004.

Attorney(s) appearing for the Case

Martin F. Jennings, Jr., Granite Bay, Stephan Mandell, Carmichael, and Leo Donahue, Gold River, for Plaintiff and Appellant.

Carlton, DiSante & Freudenberger, Mark S. Spring and Jeremy T. Naftel, Sacramento, for Defendants and Respondents.

BAXTER, J.

Under limited statutory circumstances, written out-of-court statements, though hearsay, may serve as competent evidence of the facts set forth therein, and may be used in lieu of other competent evidence, such as live testimony given under oath in court. "[D]eclarations," for instance, are allowed to support and oppose motions for summary judgment. (Code Civ. Proc., § 437c, subd. (b)(1) & (2).)1 Critical here is section...

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