Kohler v. Kindred Nursing Ctrs., Inc., 2010 WL 709182 (Cal. Ct. App. Mar. 2, 2010)

Key Insight: Appellate court upheld ruling that copies of website attached to affidavit attempting to establish contacts sufficient for personal jurisdiction were not authenticated and therefore inadmissible where affiant asserted that the pages were copies of defendant?s website but failed to present evidence showing the website was created by defendant or that the statements in the printouts were made by persons authorized to speak on defendant?s behalf; court noted that ?self-authenticating? provisions in Evidence Code ?operates to establish only that a computer?s print function has worked properly. The presumption does not operate to establish the accuracy of the printed information.?

Nature of Case: Claims arising from death of patient while in nursing facility

Electronic Data Involved: Printed pages from website