Is hearsay evidence admissible at trial?

"'Hearsay evidence' is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated." (Evid. Code, 1200, subd. (a).) Such evidence is generally inadmissible at trial. (Id. at subd. (b).) However, an out of court statement "may become relevant on some issue in a case merely because the words were spoken or written, and irrespective of the truth or falsity of any assertions contained in the statement. If a fact in controversy is whether certain words were spoken or written and not whether the words were true, evidence that these words were spoken or written is admissible as nonhearsay evidence.' [Citation.] Often, such evidence is referred to as "'"operative facts."' [Citations.]" (People v. Fields (1998) 61 Cal.App.4th 1063, 1068-1069.)

In People v. Dell (1991) 232 Cal.App.3d 248, the court applied the operative facts doctrine in a case involving alleged pimping and pandering. The case turned on whether the defendant's escort business was actually a front for prostitution activity. To prove it was, the prosecution introduced evidence the defendant's escorts had sexually propositioned several undercover police officers. On appeal, the defendant argued the escorts' statements were inadmissible hearsay, but the court disagreed on the

Page 6