Flagstar Bank, FSB v. The Loan Experts Corporation et al

Filing 203

ORDER RE: JOHNSON DECLARATION EXHIBITS L, M, N AND O. Signed by Judge Charles R. Breyer on 9/19/2012. (crblc1, COURT STAFF) (Filed on 9/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 10-03190 CRB

FLAGSTAR BANK,

ORDER RE: JOHNSON
DECLARATION EXHIBITS L, M, N
AND O

Plaintiff,
v.

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THE LOAN EXPERTS CORP., ET AL.,

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Defendants.

/

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Defendant and Cross-Defendant Stewart Title is hereby ORDERED to submit to the

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Court by 12:00 p.m. on Friday, September 21, 2012 any evidence it has that Johnson

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Declaration exhibits L, M, N and O fall under the business records exception to the hearsay

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rule, including evidence that such documents were “kept in the course of a regularly

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conducted activity of a business,” as “shown by the testimony of the custodian or another

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qualified witness. . . .” See Fed. R. Evid. 803(6); see also Latman v. Burdette, 366 F.3d 774,

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787 (9th Cir. 2004) (bank records not admissible where no evidence offered that they were

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generated as part of bank’s “regularly conducted activity” and requisite testimony did not

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come from custodian of records or other qualified witness).

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IT IS SO ORDERED.

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Dated: September 19, 2012

G:\CRBALL\2010\3190\order re LMNO.wpd

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE