Jeffers v. Screen Extras Guild, Inc.

- McCOMB, J.

Two appeals have been consolidated from orders granting $100 to cover counsel fees to each of 31 successful defendants' in an action for alleged libel.

Facts:

Each of 31 prevailing defendants were members of

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defendant Screen Extras Guild, Inc., at the time of the bringing of an action for libel.

Following a judgment in favor of defendants, cost bills were filed and a motion to tax costs was then made. In support of this motion plaintiffs filed three affidavits, one of Attorney Maury, which was “made entirely upon information and belief,” and two others, one by Attorney Bertram and another by Walter Bacon. These affidavits were based upon hearsay statements. The purpose of these affidavits was to show that defendants had in fact not incurred any attorney’s fees.

The court struck the affidavits as irrelevant, immaterial, founded upon hearsay and based upon information and belief.

Questions:

First:

Did the trial court err in striking the affidavits in support of the motion to tax costs?

No.

An examination of the affidavits discloses that the statements therein were upon information and belief or hearsay evidence. Hence they were devoid of any evidentiary value. An affidavit made upon information and belief is hearsay and not proof of the facts stated therein.

(Kellett

v.

Kellett,

2 Cal.2d 45, 48 [1] [39 P.2d 203];

Pratt

v.

Robert S. Odell & Co.,

63 Cal.App.2d 78, 82 [2] [146 P.2d 504] ;

Moore

v.