Legal Question in Real Estate Law in California
Car keyed, guilty party admitted in email
A friend�s car was keyed, and the person who did it emailed a person whom they thought was a good friend�the recipient then forwarded the email to myself and the person who had their car keyed. If the case goes to small claims, will the email hold as reasonable evidence? Does the person who originally received the email need to be in court also?
Thanks
1 Answer from Attorneys
Re: Car keyed, guilty party admitted in email
First, evidence in Small Claims does not have to measure up to the admissibility standards of "regular" courts. There are no lawyers to object to the presentation of improper evidence such as hearsay. The judge will look at, listen to or refuse to consider evidence based upon his or her impression of its relevance and credibility. Even evidence of slight credibility may be received for what it's worth, but in the final analysis the judge should not give it much weight.
So, with respect to the e-mailed confession, I think you will be much better off to have the person who received it in the first place come to court and testify.
E-mails are pretty easy to create and the judge might believe the defendant if he claimed the e-mail was a fake.