The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Although not required by CCP 2032.320, a trial court may, in its discretion, require a party that desires to take a mental exam of the opposing party to provide the examined party with an audio tape of the examination as well as the raw test data and questions, subject to a suitable protective order to protect the security of the… Read More
The trial court did not abuse its discretion in not denying defendant's summary judgment motion for alleged defects in its separate statement of undisputed facts. Though a trial court may deny a summary judgment motion on that ground, it is not compelled to do so. Here, the alleged defect was stating several facts together in a single "undisputed fact" and… Read More
The trial court did not abuse its discretion in excluding plaintiff's principal officer from the courtroom during the portions of the trial in which the technical details were discussed regarding Yelp's software for filtering out unreliable reviews. The officer was an experienced programmer who had previously managed to circumvent Yelp's software and might do so again. Though a party, he… Read More
The costs of preparing exhibits for trial and demonstratives for closing argument that are not used are not costs recoverable as a matter of right under CCP 1033.5(a)(13), but may be recovered in the trial court's discretion under section 1033.5(c)(4). Read More
