Transcript Of Police Recording Admissible As A Party Admission.

In Kincaid v. Kincaid (Cal. App. Second Dist., Div. 4; July 6, 2011) 197 Cal.App.4th 75, [127 Cal.Rptr.3d 863, 2011 DJDAR 10048],  the mother of decedent, who committed suicide, brought a wrongful death action alleging torture, sexual abuse, and death against her former husband, who was decedent’s step-father.  The defendant, moved for summary judgment.  In her opposition to the motion, plaintiff included transcripts from a telephone conversation between her and the defendant, which were recorded by the police.  When asked why he hurt and abused the decedent, the defendant responded the he did not know and did not remember.  When the plaintiff asked the defendant whether or not he had sex with the decedent, he responded:  “I must have.  I must have.  It sounds logical.  It explains a lot.  That’s what I was thinking about last night.  It does explain a lot.”  After sustaining evidentiary objections to the transcript, the trial court granted the motion for summary judgment.  The Court of Appeal reversed, finding the transcript was admissible as a party admission and was sufficient evidence to create a triable issue of fact.