New summary judgment procedure decision: Nazir v. United Airlines, Inc.

This post is slightly off-topic, but the opinion is remarkable and all litigators should read it. In Nazir v. United Airlines, Inc., ___ Cal.App.4th ___ (Oct. 9, 2009), the Court of Appeal (First Appellate District, Division Two) reversed an order granting "what may well be the most oppressive [summary judgment] motion ever presented to a superior court," involving "a record the likes of which we have never seen." Slip op. at 1, 3.

This morning's Recorder has an article by Mike McKee on the opinion (subscription), which begins:

It isn't a good sign when an appeal court refers to a lower court's "ruling" in quote marks as if it's not worthy of the term.

But that's exactly what San Francisco's First District Court of Appeal did — three times — Friday in reversing a "ruling" by San Mateo County Superior Court Judge Marie Weiner in an overpapered case featuring 5,415 pages of briefs.

It's true the panel critized the judge's "ruling," but its criticism of the defendant's briefing — which noted major procedural and substantive defects — was much harsher.