Houghtaling

In this case we decide an issue which has been the subject of considerable uncertainty in the courts of this state, but which, by its nature, has until now escaped review. We hold that in a proceeding conducted under the Small Claims Act (Code Civ. Proc., § 116.110 et seq. 1 ), relevant hearsay evidence is admissible subject only to those limitations contained in Evidence Code section 352 and the law of testimonial privileges. The trial court then exercises its sound discretion in determining the weight to which the evidence is entitled. Accordingly, in this case we hold that the trial court erred, and grant the relief requested by petitioner.

Propriety of Review

As a matter of procedure, we explain the route by which this case reached this court. Petitioner Leo R. Houghtaling brought an action in the small claims court against defendants Anthony Rossi and Tony Rossi, doing business as Rossi Automotive Marine & Transmissions (hereinafter sometimes Rossi). Judgment was rendered for petitioner, and defendants appealed. (§ 116.710.) After a trial de novo, the superior court rendered judgment for defendants. (§§ 116.770, 116.780.)

This judgment was not subject to appeal by…

I.

Introduction

I concur with the majority that the trial court erred in refusing to consider the Nebraska mechanic’s affidavit for admission into evidence because it *1140 was hearsay, and that a writ should issue remanding the case for a new de novo hearing. A trial court, as here, may not arbitrarily refuse to admit all hearsay evidence on the sole basis that the court has a local rule prohibiting such evidence and only allowing as evidence in small claims proceedings testimony of witnesses who are subject to cross-examination.

However, I disagree with the majority’s holding and would remand for a new de novo hearing with the direction that the trial court determine the admissibility of the affidavit based on a consideration of the applicability of any statutory or common law hearsay exceptions (exceptions) or, if none are applicable, a determination whether the content of the affidavit and the circumstances surrounding its preparation reflect sufficient indicia of reliability and trustworthiness to justify the court’s consideration of the affidavit as evidence. If so, the affidavit is admissible and should be given whatever weight the court gives to it in evaluating all the…

John T. Borje for Real Parties in Interest.

OPINION

DABNEY, Acting P.J.

In this case we decide an issue which has been the subject of considerable uncertainty in the courts of this state, but which, by its nature, has until now escaped review. We hold that in a proceeding conducted under the Small Claims Act (Code Civ. Proc., § 116.110 et seq. [1] ), relevant hearsay evidence is admissible subject only to those limitations contained in Evidence Code section 352 and the law of testimonial privileges. The trial court then exercises its sound discretion in determining the weight to which the evidence is entitled. Accordingly, in this case we hold that the trial court erred, and grant the relief requested by petitioner.

As a matter of procedure, we explain the route by which this case reached this court. Petitioner Leo R. Houghtaling brought an action in the small claims court against defendants Anthony Rossi and Tony Rossi, doing business as Rossi Automotive Marine & Transmissions (hereinafter sometimes Rossi). Judgment was rendered for petitioner, and defendants appealed. (§ 116.710.) After a trial de novo, the superior court rendered judgment for defendants. (§§ 116.770,…