Summary Judgment

A trial court has discretion to consider new evidence in reply papers supporting a summary judgment motion as long as the opposing party has notice and an opportunity to respond.  Evidence which is used to fill gaps in the original evidence created by the opposition is particularly appropriate to consider in a reply. Read More

This decision affirms a summary judgment in favor of defendant police officers and their employer, the city, against plaintiff's complaint based on injuries she suffered while escaping from a car used by bank robbers, holding plaintiff and other hostages, to escape from the scene of the robbery.  Police must use act reasonably in all the circumstances in employing deadly force. … Read More

Two employees filed separate PAGA suits against employer.  Employer settled with the first employee who sued it, and the Labor and Workforce Development Agency (LWDA) accepted its share of the settlement proceeds.  The second employee then moved to intervene and object to the settlement.  Held:  The trial court did not err in denying the motion to invtervene.  The motion was… Read More

Generally, an order denying summary judgment is not reviewable on an appeal from a judgment entered after trial.  Ortiz v. Jordan  (2011) 562 U.S. 180, 184-185.  However, at least in the Ninth Circuit, the Court of Appeals may review an order denying summary judgment on a post-trial appeal if the denial was based on a purely legal issue, such as… Read More

Summary judgment for defendant in an age and racial association FEHA discrimination case is affirmed.  The employer provided evidence of a non-discriminatory reason for firing plaintiff.  Plaintiff failed to introduce evidence raising a triable issue of fact that the stated reason was pretextual.  The few alleged comments about plaintiff's age--mostly that she looked much younger than her age--were harmless and… Read More

The trial court wrongly granted a health insurer summary judgment on the insured's bad faith and UCL claims.  The insured's son was autistic and, before he turned 7 was given 157 hours a month of insured treatments.  When he turned 7, Magellan reduced the monthly allotment to 57 hours.  On the insured's appeal to the Department of Managed Health Care,… Read More

In this wrongful death action, the trial court properly granted Kaiser summary judgment based on the going and coming rule.  Kaiser's volunteer had finished providing dog therapy to one of Kaiser's patients and was returning home when the volunteer struch and killed plaintiffs' decedant.  The required-vehicle exception to the going and coming rule did not apply because there was no… Read More

Eminent domain actions are special proceedings governed by the Eminent Domain Law, CCP 1230.10 et seq.  In eminent domain proceedings, a party may bring a pretrial motion for a ruling on “an evidentiary or other legal issue affecting the determination of compensation" under CCP 1260.040(a).  Inverse condemnation actions, however, a common law suits that are not governed by the Eminent… Read More

This decision reverses a summary judgment for the defendant in a medical malpractice case.  It holds that the defendant did not satisfy its initial summary judgment burden because the expert witness declaration which was the centerpiece of its motion failed to state reasons and a factual basis for the conclusion that the defendant had conformed to the applicable professional standard… Read More

Summary judgment was properly entered for the employer in this wage and hour case.  The employer's expert showed that the employer's time rounding of clock in and out times to the nearest 15 minutes was facially neutral and neutral in practice as well.  Also, the employer disproved the employee's claim that he was denied meal and rest breaks.  Each weekly… Read More