Developments of Interest

New Cases of Interest - September 6, 2018

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Weinstein v. Blumberg (2018) 25 Cal.App.5th 316.  This involved a motion to compel further responses in a discovery matter.  The supporting papers upon which the motion was based were not attached to the motion itself and served 15 court days before the hearing.  The court held that service of the notice of motion and motion to compel compliance by an opponent without attaching or timely serving the supporting papers does not satisfy the requirements for such a motion as specifically provided by law.  CCP §§ 1005(b), 1005.5, 2025.480(b).  The motion was therefore untimely and could not be granted.

Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC (2018) 25 Cal.App.5th 344.  This is a personal injury case involving a snowboarder who alleged that Ski Area's negligence led to her collision with a snowcat that was pulling a snow grooming tiller.  Defendant was granted summary judgment which was upheld by the Court of Appeal on the primary assumption of risk theory.  Plaintiff had a season pass which contractually released the defendant from liability for negligence and gross negligence, and the court noted the use of snowcats and tillers on ski runs during business hours is inherent to the sport of snowboarding and does not unreasonably increase the risks associated with that sport.   

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