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William A. Roper, Jr.

The Court of Appeals for the Third District set aside a summary judgment granted the defendants Deutsche Bank National Trust Company and California Reconveyance Company in the case Herrera v. Deutsche Bank National Trust Company.  The decision was based upon evidentiary issues.


The case makes an interesting distinction as to the admissibility and weight given to documents brought into evidence by judicial notice.  The court basically found that in a summary judgment setting while the court properly admitted recorded documents that the contents of those documents, when contested by the opposing party were inadmissible hearsay.

It is an interesting and thoughtful decision that is worth a read!

I have posted a copy of the decision on Scribd at:

http://www.scribd.com/doc/56907980/Herrera-v-Deutsche-Bank-CA-3rd-Dist-2011


Critique and comment is solicited and appreciated!


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And NOW this …..

The recently “Unpublished” In Re Herrera Appellate Ruling
has been REVISED by the Court.

The status is now “Partial Publication”. Looks like
the ruling has become MORE  c-o-n-s-e-q-u-e-n-t-i-a-l ?

” In Re Herrera: Order Modifying Opinion and Certifying Opinion for Partial Publication”

http://www.scribd.com/doc/58948213/In-Re-Herrera-Order-Modifying-Opinion-and-Certifying-Opinion-for-Partial-Publication-c065630

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