of the potential risks at the time of contracting. See 227 Cal.App.3d at 713, 277 Cal.Rptr. 919. With respect to the failure of essential remedy cases, all of these cases appear to be based on specific provisions of the U.C.C. that are not applicable here. 11 . In a letter to SBVS that is attached to the Rigney Declaration, the Senior Vice President of Civic Center Apartments, Howard Heitner, writes that "[t]he need to perform the repairs will necessitate extensive drywall rework on a new facility — this will adversely affect the appearance of each unit and impact negatively both the value of the property itself as well as its y and the Court finds that no hearsay exception applies. See Timberlake Constr. Co., v. U.S. Fidelity and Guar. Co., 71 F.3d 335, 341-342 (10th Cir.1995) (<HOLDING>). Moreover, Plaintiffs have presented no other
holding that court erred in admitting letter as business record where testimony was not adequate to establish that the letter was compiled as a matter of regular practice as opposed to one prepared in anticipation of litigation holding that not all of claims file was prepared in anticipation of litigation and noting that the majority of cases that have dealt with the issue of whether investigative materials prepared by insurance claims adjusters is workproduct prepared in anticipation of litigation have held that since insurance companies have a routine duty to investigate accidents such materials are not prepared in anticipation of litigation holding that the assumption of reliability accuracy and trustworthiness underlying rule 803 6 did not apply where the party seeking admission of the memorandum at issue failed to show that it was created in the course of regularly conducted business activity and not in anticipation of litigation holding that court erred in admitting letters written in anticipation of litigation as business records holding that letters addressing dispute that was subject of litigation and that were written in anticipation of litigation did not fall under business record exception under rule 8036 of the federal rules of evidence and noting that it is wellestablished that one who prepares a document in anticipation of litigation is not acting in the regular course of business