CACH

introduction of the documentary evidence pursuant to section 98. Attached to her motion as exhibit C was a record of attempted, but failed, service of Magic West at 6301 Owensmouth Ave. Ste. 850, Woodland Hills, CA 91367. The reason for failure of service states, “Deft. Does Not Work at This Address—Personal Service Only For Civil Subpena.” The date of attempted service was May 7, 2013. In her pretrial brief Appellant objected to Respondent‟s intended use of the Magic West declaration and the records contained therein pursuant to section 98 and pursuant Evidence Code sections 1270 to 1271 (business records). On June 10, 2013, trial was commenced, Honorable Vincent O‟Neill presiding. Argument was heard on Appellant‟s objection to the introduction of the Magic West declaration and to its contents. Counsel for CACH prevailed in her argument to the trial court to disregard the decision of Target v. Rocha (2013) 216 Cal.App.4th Supp. 1, because it was not binding authority. Counsel for Respondent also argued, “The most damaging factual difference in this case is that this Defendant has made zero effort in effecting service on our witness. There‟s no

2 prejudice to the Defendant when…