On the Road to Restoring Spectral Evidence to California Courts
Judge Richard S. Whitney and Associate Justice Cynthia Aaron (surprisingly, Harvard cum laude 1984)
Kaiser Foundation Hospitals v. Wilson, Cal: Court of Appeal, 4th Appellate Dist., 1st Div. Nos. D058491, D058492
Arguing analog with 527.6 intention,
It appears the usurpatitious 4DCA is massively misinterpreting the footnote six of (Schraer at p. 733, fn. 6.).
"... Evidence Code section 1200, subdivision (b) provides that hearsay evidence is generally inadmissible, “[e]xcept as provided by law.” and
"Subdivision (f) of section 527.8 appears to be one of the exceptions to Evidence Code section 1200, subdivision (b), in that it mandates that the court consider, without limitation, “any testimony that is relevant.” [Note: the 01/2011 version of 527.8(f) does not apply but perhaps subdivision (j) is a new location for such mandate.]
Notably, the opinion provides no review of the legislative history of 527.8 nor the legislative intent.