Civil Action Podcast

38. Past Recollection Recorded; a Unique Exception to the Hearsay Rule; Sister State Money Judgment Act & Res Judicata; Attorney Fees & When an Allocation is Appealable

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38. Past Recollection Recorded; a Unique Exception to the Hearsay Rule; Sister State Money Judgment Act & Res Judicata; Attorney Fees & When an Allocation is Appealable
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People v. Royal

Brian and Shant discuss the past recollection recorded exception to the hearsay rule and the elements that trigger the exception.  They court examined the time element and determined that too much time had expired from the event itself to the time the recollection was recorded.

McDermott Ranch v. Connolly Ranch

Brian and Shant discuss a case arising out of a property dispute stemming from a real estate transaction from 1958.  They unwrap a carved-out hearsay exception based on the statements being made in connection with the boundary of land of real property.

Blizzard Energy v. Schaefers

Brian and Shant discuss the Sister State Money Judgment Act, taking a judgment from one state and enforcing it in another state.  The rule preserves the Res Judicata principle, in that once a matter is fully litigated, the parties are precluded from relitigating absent additional requirements.

PG&E San Bruno Fire Cases

Brian and Shant discuss the allocation of attorney fees from the determination of a special master.  The agreement stated that the determination was not appealable but the language was introduced only once in the document leading to a dispute between the parties.

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