BOYD v. CITY OF OAKLAND

No. C 03-3391 JL.

458 F.Supp.2d 1015 (2006)

Cammerin K. BOYD, Plaintiff, v. CITY OF OAKLAND, et al., Defendants.

United States District Court, N.D. California.

October 17, 2006.


Attorney(s) appearing for the Case

Vicki I. Sarmiento, Law Offices of Vicki I. Sarmiento, Marylon M. Boyd, Law Offices of Marylon M. Boyd, Tanya Rea Meyers, Oakland, CA, for Plaintiff.

Christopher Andrew Kee, Maria Bee, Oakland City Attorney's Office, Andrea Anne Najor, Clyde A. Thompson, Haapala, Altura, Thompson & Abern, LLP, Oakland, CA, for Defendants.


SUMMARY JUDGMENT (granting Docket # 49).

LARSON, Chief United States Magistrate Judge.

Table of Contents

I.  The declaration of Marylon M. Boyd, Plaintiffs primary evidence, is inadmissible,
      with the exception of paragraph five's description of Cammerin Boyd as
      "extremely upset," which is admissible under the state of mind exception to
      the hearsay rule in FRE 803(3), and paragraph six, which is partially
      admissible...

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