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Declaration of Person Most Knowledgeable Fails to Rise Above Hearsay . . . The exhibits attached to Gallo's declaration contain memos summarizing telephone conversations that were not prepared in the ordinary course of business, and many other documents show that they were not prepared at or near the time of the incident applicable to this case
LAOSD Asbestos Cases :: 2023 :: California Courts of . . . - Justia Law At least four documents contain hearsay statements by persons who are not Avon employees Based on these flaws alone, the trial court abused its discretion in admitting the documents, and Gallo’s testimony “channeling” those documents
Appellate Court Limits Corporate Representative Testimony Most of those documents dated back to the 1970s, decades prior to Gallo being hired by Avon The Court found those documents to be hearsay, with no identified exception and thus not admissible
Laosd Asbestos Cases. Fermin Ramirez v. Avon Prods. , Inc. The Ramirezes contend the trial court erred in overruling their objections to the Gallo Declaration and attached exhibits based on lack of foundation, lack of personal knowledge and the hearsay nature of the documents We agree
Microsoft Word - LAOSD Asbestos Cases. rtf The Superior Court, Los Angeles County, Nos 20STCV22671 and JCCP4674, David S Cunningham, J , granted summary judgment to manufacturer User and husband appealed, and user died while appeal was pending
Fermin Ramirez, Individually and as Personal Representative, etc . . . In her declaration, Gallo stated: “I make the following statements based on either my investigation or my own personal knowledge ” Virtually all of her statements, however, concerned activities at Avon in the 1970's, and all but two of the documents she attached were also from that decade
California Department of Financial Protection and Innovation-Accusation Pena and Ramirez submitted loan documents that showed RS received a raise from her employer Kenco Investments, Inc (Kenco3) on July 31, 2020, increasing her annual salary by 39 8%, just 9 days before the loan was submitted for approval