What is the test for abuse of the business records exception?

California, United States of America


The following excerpt is from Myrtle Plaza, Inc. v. Gallardo, B263650 (Cal. App. 2017):

The trial court determined that the handwritten notes were admissible under the business records exception. We review the court's ruling for abuse of discretion. (People v. Jones (1998) 17 Cal.4th 279, 308 ["We review a ruling that a business record was admissible under an exception to the hearsay rules for abuse of discretion"].) "'An abuse of discretion occurs if, in light of the applicable law and considering all of the relevant circumstances, the court's decision exceeds the bounds of reason and results in a miscarriage of justice. [Citations.] This standard of review

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affords considerable deference to the trial court provided that the court acted in accordance with the governing rules of law. We presume that the court properly applied the law and acted within its discretion unless the appellant affirmatively shows otherwise. [Citations.]' [Citation.]" (Rayii v. Gatica (2013) 218 Cal.App.4th 1402, 1413.)

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