Hubbard v. Brown
California Supreme Court
1DissentMosk, J.
I dissent. Unlike the majority, I find the scholarly analysis and conclusion of the Court of Appeal to be persuasive. This is not a case for summary judgment; rather, there is a factual conflict that should proceed to trial.
I adopt as my own the opinion prepared for the Court of Appeal by Acting Presiding Justice Sparks, with appropriate deletions and additions, as follows: †
[ ] We come to the central dispute between the parties—the application of [Civil Code] section 846 [(hereafter section 846)]. Plaintiff claims that defendant’s grazing permit “can be construed as at the very most, a…
2Cases cited13 opinions
- Leal v. Holy Spirit Ass'n for Unification of World ChristianityCalifornia Supreme Court · 1988
- Callahan v. MartinCalifornia Supreme Court · 1935
- Gerhard v. StephensCalifornia Supreme Court · 1968
- Delta Farms Reclamation District v. Superior CourtCalifornia Supreme Court · 1983
- O'Shea v. Claude C. Wood Co.California Court of Appeal · 1979
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