Hubbard v. Brown

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…