Summary Judgment and Summary Adjudication – The California Blog of Appeal

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Announcements, Legal Writing, Summary Judgment, Summary Judgment and Summary Adjudication, Waiver of Issues

SB 470 codifies Reid v. Google, Inc., provides that objections to summary judgment evidence are preserved for appeal

August 11, 2015

On Monday, according to this article at The Recorder, Governor Brown signed SB 470, amending Code of Civil Procedure section 437c, which governs procedure for motions for summary judgment and summary adjudication. For appellate practitioners, the significance of the bill lies in its codification of Reid v. Google, Inc. (2010) 50 Cal.4th 512. Reid held that objections to evidence submitted in support of a motion for summary judgment are preserved for appeal even if the trial court fails to rule on the objections. Prior to Reid, the courts were split on whether such objections were preserved. I’m unaware of any lingering controversy over the issue since Reid, but it is nonetheless satisfying to see its holding codified.…

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Greg May
Summary Judgment and Summary Adjudication, Trade Secrets

Uniform Trade Secret Act preemption error results in reversal — and some lessons on review of orders granting summary adjudication

October 16, 2013

I have a feeling that the plaintiff’s attorney in Angelica Textile Services, Inc. v. Park, case no. D062405 (4th Dist., October 15, 2013), didn’t lament too much the loss of a jury trial on the plaintiff’s claim for trade secret misappropriation, even though on the surface, it looked like plaintiff’s last gasp following the dismissal of plaintiff’s other claims for breach of contract, unfair competition, breach of fiduciary duty, interference with business relations, and conversion, all of which related to conduct that involved the alleged trade secrets. After all, plaintiff had an ace up his appellate sleeve. The merits The claims were all related to the conduct of the plaintiff…

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Greg May