Legal Question in Legal Malpractice in California

There's no difference between "affidavits" and "declarations." Neither is normally admissible in evidence in an unlimited civil case unless the author of the documents is subpoenaed to appear as a witness to authenticate the documents. Sometimes business records can be admitted in evidence with a declaration from the custodian of records. None of this changes the fact that you don't know what you're doing, and it is all but certain you will lose the case unless you get a better lawyer.

Mt. Stone is right. Although there are some exceptions, the rule is that the opposing party has the right to cross-examine your witness. For one thing, if you did not disclose the identity of the witness in response to discovery questions and if you did not make that witness available for a deposition by the opposing party, it is extremely unlikely that the judge will even allow the witness to testify in court - much less allow in a declaration.

These rules would not be an obstacle if the issue is routine, such as the authentication of business records or other documents where authenticity is not disputed.

I also recommend that you retain an attorney if you are serious about winning the case.

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