Kulshrestha v. First Union Commercial Corp.

Opinion

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. “[Declarations,” for instance, are allowed to support and oppose motions for summary judgment. (Code Civ, Proc., § 437c, subd. (b)(1) & (2).) Critical here is section 2015.5, which defines a “declaration” as a writing that is signed, dated, and certified as true under penalty of perjury. In addition, section 2015.5 specifies…