Reid v. Google, Inc

In Reid v. Google, Inc. (2010) 50 Cal.4th 512, the court held that the trial court's failure to rule expressly on evidentiary objections does not waive them on appeal. Reid relied on the express language of section 437c, subdivision (b)(5), which states, "evidentiary objections not made at the hearing shall be deemed waived.' ( 437c, subd. (b)(5); see id., subd. (d).)" Reid reasoned that because "section 437c defines 'waiver' in terms of a party's failure to raise evidentiary objections at the hearing," a finding of waiver does not depend on whether or not the trial court expressly ruled on the objections. (Id. at p. 526.) The Supreme Court noted that, at the request of a party (Google), the Court of Appeal considered the evidence objections that had been not ruled on by the trial court. (Id. at p. 535.) Review of the evidence conducted by the Court of Appeal in that case is described by the California Supreme Court as follows: "The Court of Appeal correctly found that the trial court erred in granting summary judgment because Reid's proffered admissible evidence presented triable issues of material fact." (Reid v. Google, Inc., supra, 50 Cal.4th at p. 526.)