Failure to secure a ruling on objections constitutes waiver

Last week I noted the decision in Reid v. Google with the post “What if the trial court did not rule on your objections?”  The court in Reidrejected what it saw as the weight of authority and ruled that the trial court’s failure to rule on objections does not waive those objections for purposes of appeal.

Demonstrating that the Reidcourt has yet to pick up any converts, Division 7 of the Second District Court of Appeal quoted from earlier rulings yesterday to hold that “where counsel fails to obtain rulings on evidentiary objections in summary judgment proceedings, the objections are waived and are not preserved for appeal.”  (Kasparian v. Avalonbay Communities). 

The conflicting views of the courts of appeal have set the stage for Supreme Court review.

Leave a Reply