Gananian v. Zolin

In Gananian v. Zolin (1995) 33 Cal.App.4th 634, the arresting officer was not the officer who observed the driver. (33 Cal.App.4th at p. 637.) In that case, DMV relied on a sworn report submitted by the arresting officer, officer Cobb, pursuant to former Vehicle Code section 23158.2. (now Veh. Code, 13380). Section 23158.2 required the arresting officer to immediately forward to the DMV a sworn report using forms furnished or approved by the DMV. ( Gananian v. Zolin, supra, at p. 637, fn. 2.) In addition, DMV submitted a police report prepared by the officer who observed the driver, officer Grochowski, who participated in Gananian's detention and arrest. (Ibid.) In dicta Gananian said that Cobb's report was admissible under section 1280 as proof of the element of driving, "even to the extent that it reports Grochowski's personal observations . . . ." ( Id. at p. 639.) The court reasoned it was not necessary for the public official making the report to have first hand knowledge of the information in the report as long as the trustworthiness requirement was satisfied by showing that "'the written report is based upon the observations of public employees who have a duty to observe the facts and report and record them correctly.'" (Id. at p. 640.)