Kaiser Foundation Hospitals v. Wilson

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, 

"Hearsay evidence clearly may be relevant, and if hearsay evidence is relevant, section 527.8 [ Note by Koenig: and arguably 527.6 as well] requires that the court receive it. "

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.

Nothing contained herein is tendered as nor should it be considered as legal advice.  What is legal is not necessarily justice.  Almost all of reality is non-"published", ergo, what is legally affirmed is always a retarded misrepresentation of reality.   Use at your own risk!