In the recently decided appeal from a judgment in the matter of Brian S. Detrick v. Keiko Shimada (LA Superior Court No 22STCV33977), the appeals court made it clear that a declaration of a person who does not speak or read English requires a properly certified translation to be admissible. While this seems obvious on its face given the requirements of both the Evidence Code and Rules of Court, the trial court determined that the requirements of Evid. Code 751 concerning an interpreter’s oath did not apply to written declarations. Thus, the trial court accepted a declaration in English that had been explained to Shimada by her counsel’s staff. The appeals court reversed.

Brian S. Detrick brought a complaint for malicious prosecution against Keiko Shimada, after she dismissed a malpractice suit against him without prejudice. Shimada filed a motion for summary judgment asserting the dismissal was because the statute of limitations had expired and not on any substantive basis.

Shimada submitted a declaration in English in support of her motion. The procedural history and evidence established that Shimada could not read, write or speak English. Her declaration did not include an attestation by an interpreter, nor even a reference to an interpreter. A further declaration by her counsel stated that Shimada reviewed her declaration with a Japanese-speaking employee and attested to each statement before signing. Detrick objected, the court overruled and granted summary judgment on behalf of Shimada. Detrick appealed..

The appellate court was un-swayed by the trial court’s reasoning, making clear that absent an attestation by a translator who met all the requirements of Evidence Code §§ 752 and 753, and under oath as required by California Rules of Court 3.11109(g), Shimada’s declaration was not competent and inadmissible.

Key Takeaway

If your witness or declarant does not speak English, it does not matter how fluent you or your staff may be. Always get a certified translator to assist and attest.

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