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California Courts of Appeal

Mar. 18, 2017

Summary judgment: no longer a disfavored remedy

A recent California Supreme Court decision might seem to be a simple opinion about the exclusion of undisclosed expert witnesses. But it may end up being cited more for what it says about summary judgment. By Josh McDaniel

Josh McDaniel

Associate
Horvitz & Levy LLP

Appellate Law

3601 W Olive Ave Fl 8
Burbank , CA 91505-4681

Phone: (818) 995-0800

Fax: (818) 995-3157

Email: jmcdaniel@horvitzlevy.com

UCLA Law School

Josh is an associate in the Los Angeles office of Horvitz & Levy LLP, a firm specializing in civil appeals. He helps to supervise Harvard Law School's Religious Freedom Clinic. The views expressed here are his own.

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By Josh McDaniel

On first glance, the California Supreme Court's recent decision in Perry v. Bakewell Hawthorne, LLC, 2017 DJDAR 1597, might seem to be a simple opinion about the exclusion of undisclosed expert witnesses. But in fact, it may end up being cited more for what it says about summary judgment than for what it says about expert witness disclosure.

Before we get to the opinion in Perry, a brief review of summary j...

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