Kulshrestha

Under limited statutory circumstances, written out-of-court statements, though hearsay, may serve as competent evidence of the facts set forth therein, and may be used in lieu of other competent evidence, such as live testimony given under oath in court. “[Declarations,” for instance, are allowed to support and oppose motions for summary judgment. (Code Civ, Proc., § 437c, subd. (b)(1) & (2).) Critical here is section 2015.5, which defines a “declaration” as a writing that is signed, dated, and certified as true under penalty of perjury. In addition, section 2015.5 specifies that a declaration must either reveal a “place of execution” within California, or recite that it is made “under the laws of the State of California.”

In this suit against a firm for which he briefly worked, the plaintiff sought to prevent summary judgment by filing a declaration under penalty of perjury that showed a “place of execution” in another state. (§ 2015.5.) Moreover, the document did not reference California’s “laws.” (Ibid.) The evidence was excluded, summary judgment was granted, and dismissal was affirmed on appeal.

We now decide if declarations signed under penalty of perjury outside…