Legal Opinion · Concurrence

Howard Entertainment, Inc. v. Kudrow

California Court of Appeal

Decided August 23, 2012No. B234962Published

1Concurrence

TURNER, P. J., Concurring.

I concur.

I would apply the deferential abuse of discretion standard of review to the ruling striking the declaration of Martin Bauer. Admissibility of evidence issues, even in the summary judgment context, are reviewed under the majority rule for an abuse of discretion. Every single Court of Appeal decision in the past one-half decade has applied the abuse of discretion standard of review in the summary judgment context to admissibility of evidence contentions. (Barker v. Hennessy Industries, Inc. (2012) 206 Cal.App.4th 140, 146-147 [141 Cal.Rptr.3d 616]; Shugart v.…

2Cases cited26 opinions

  1. Reid v. Google, Inc.California Supreme Court · 2010
  2. Mann v. CracchioloCalifornia Supreme Court · 1985
  3. Bozzi v. NORDSTROM, INC.California Court of Appeal · 2010
  4. DiCola v. White Brothers Performance Products, Inc.California Court of Appeal · 2008
  5. Nieto v. Blue Shield of California Life & Health InsuranceCalifornia Court of Appeal · 2010

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