Case Number:
BC712795
Hearing Date:
January 13, 2021
Dept:
61
Defendant Cindy Bhui’s Motion for Relief from Terminating Sanctions and Default Judgment
.
is DENIED.
Plaintiff to provide notice.
OBJECTIONS
Diaz offers several objections to the declaration of Bhui, on the grounds that she is presenting hearsay statements of her purported counsel and his assistant as evidence. Yet this evidence is not hearsay, as they are not being submitted for their truth, but to show that the declarants were attempting to induce by their statements Bhui’s reliance on their services. (
See
Evid. Code § 1200, subd. (a) [hearsay evidence is “offered to prove the truth of the matter stated”].) The statements are not introduced for their truth, but for their falsity. These objections are therefore OVERRULED.
MOTION FOR RELIEF FROM JUDGMENT
One ground for equitable relief is extrinsic mistake—a term broadly applied when circumstances extrinsic to the litigation have un
Hearing Date
January 13, 2021
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
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Case Number:
BC712795
Hearing Date:
January 13, 2021
Dept:
61
Defendant Cindy Bhui’s Motion for Relief from Terminating Sanctions and Default Judgment
.
is DENIED.
Plaintiff to provide notice.
OBJECTIONS
Diaz offers several objections to the declaration of Bhui, on the grounds that she is presenting hearsay statements of her purported counsel and his assistant as evidence. Yet this evidence is not hearsay, as they are not being submitted for their truth, but to show that the declarants were attempting to induce by their statements Bhui’s reliance on their services. (
See
Evid. Code § 1200, subd. (a) [hearsay evidence is “offered to prove the truth of the matter stated”].) The statements are not introduced for their truth, but for their falsity. These objections are therefore OVERRULED.
MOTION FOR RELIEF FROM JUDGMENT
One ground for equitable relief is extrinsic mistake—a term broadly applied when circumstances extrinsic to the litigation have un