Star Motor Imports, Inc. v. Superior Court

Opinion

ELKINGTON, Acting P. J.

We issued an alternative writ of mandate in

this matter upon a representation that the superior court, at a trial de novo on a small claims court appeal, expressly permitted hearsay testimony by the respondent therein, contrary to Evidence Code section 1200 and California Rules of Court, rule 155. But we have concluded that the writ was improvidently issued by us for the reason that the application therefor was fatally defective. The proceeding will, for the reasons we now proceed to state, be dismissed.

The case points up a problem of concern in the rapidly…