The following excerpt is from Clark v. City of Los Angeles, 650 F.2d 1033 (9th Cir. 1981):
The diary should not have been admitted as a business record exception to the hearsay rule. It was not prepared in the regular course of a business activity, nor was it used in the routine operation of the business or agency. The diary is replete with instances of hearsay and multiple hearsay and non-expert opinion which is not independently admissible. Further, a document prepared for purposes of litigation is not a business record because it is lacking in trustworthiness. Palmer v. Hoffman, 318 U.S. 109, 63 S.Ct. 477, 87 L.Ed. 645 (1943).
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