Monday, April 28, 2025

De la Cruz v. Mission Hills Shopping Center (Cal. Ct. App. - April 28, 2025)

Is it possible that I've seen a shorter published opinion than this one that reverses the grant of summary judgment on the basis of an argument that was forfeited below? Maybe.

But I doubt it.

Four paragraphs. 367 words.

Honestly, I'm not sure that you need say much more than the opinion does. Maybe a little bit more on why justice requires reversing on the basis of a forfeited error. (Since, by definition, enforcing forfeiture always means that the loser might be someone who would otherwise win on the merits)

But okay. Speedy -- or at least concise -- justice.