Supreme Court of California

In plaintiff's age discrimination lawsuit against his former employer, Google, Inc., the court of appeal's reversal of trial court's grant of defendant's motion for summary judgment is affirmed where: 1) the court of appeal correctly determined that a finding of waiver does not depend on whether a trial court rules expressly on evidentiary objections and that defendant's filing of written evidentiary objections before the summary judgment hearing preserved them on appeal; and 2) the court of appeal correctly determined that application of the "stray remarks doctrine" (wherein statements that non-decision-makers make or that decision makers make outside of the decisional process are deemed "stray" or irrelevant) is unnecessary and its categorical exclusion of evidence might lead to unfair results.

Appellate Information

• Decided 08/05/2010
• Published 08/05/2010

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Barry L. Bunshoft, Fred W. Alvarez