The People v. Zavala
156 Cal. Rptr. 3d 841
Cal. Ct. App.2013Background
- People charged Zavala with five counts of robbery and one count of burglary; the cell phone records and call logs were admitted over hearsay objections; Sprint and Cricket records were custodian-authenticated and printed as Excel spreadsheets produced for trial; the underlying data were generated by computer systems in the regular course of business; the court held the records fell within Evidence Code 1271; Maxwell’s testimony explained investigation steps and was admitted for a limited purpose; the appellate court affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cell phone records fit business records exception | People/Pl. argues records are business records | Zavala argues records are inadmissible hearsay | Yes, admitted under 1271 as business records |
| Whether Maxwell's call-log testimony was hearsay | People/Pl. argues testimony explained investigation, limited purpose | Zavala argues it is hearsay | Admissible for limited investigative purpose; no abuse of discretion |
Key Cases Cited
- People v. Lugashi, 205 Cal.App.3d 632 (Cal. App. 1988) (computer printouts admissible as business records under 1271)
- United States v. Nixon, 694 F.3d 623 (6th Cir. 2012) (printout from computer data admissible when underlying data stored in regular business)
- U'Haul International, Inc. v. Lumbermens Mut. Cas. Co., 576 F.3d 1040 (9th Cir. 2009) (admissibility of computer data compiled from databases under FRE 803(6))
- Dutch v. United States, 997 A.2d 685 (D.C. Cir. 2010) (system function testimony sufficient to establish record creation)
- Commonwealth of Penn. v. McEnany, 732 A.2d 1263 (Pa. 1999) (translation of binary data not a basis to exclude trustworthy records)
- County of Sonoma v. Grant W., 187 Cal.App.3d 1439 (Cal. App. 1986) (trustworthiness standard for business records; trial court discretion)
- People v. Matthews, 229 Cal.App.3d 930 (Cal. App. 1991) (basis for evaluating business records foundation)
- People v. Williams, 36 Cal.App.3d 262 (Cal. App. 1973) (foundation requirements for business records)