Statutory sanction for unreasonable failure to comply with a demand for exchange of expert witness information--exclusion of expert testimony—applies at the summary judgment stage of litigation, as well as at trial.

Perry v. Bakewell Hawthorne, LLC —filed Feb. 23, 2017 ordered Jan. 17, 2017, First District, Div. Four
Cite as 2017 S.O.S. 911
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Waiver of rights in surrogacy agreement could not estop surrogate from litigating constitutional and statutory challenges to the agreement. Substantial compliance with Family Code Sec. 7962 is sufficient to provide enforceable consent to surrogacy agreement, so long as the purpose of the statutory requirements is met. Termination of surrogate’s claimed parental rights under Sec. 7962 did not deprive children of constitutional rights to substantive due process or equal protection. A surrogate has constitutional standing to assert the rights of the child.

C.M. v. M.C.—filed Jan. 26, 2017, Second District, Div. One
Cite as 2017 S.O.S. 457
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Petitioner's claim that he was entitled to services under the Lanterman Developmental Disabilities Services Act was barred by res judicata because his ineligibility for services had been previously adjudicated. Intervening Court of Appeal decision broadly interpreting "treatment," as used in the statute, is not binding on other Court of Appeal panels, and therefore does not constitute a change in the legal landscape. Intervening statutory amendment defining "substantial disability" under the act did not constitute a change in the law that would alter prior determinations that petitioner lacked a qualifying "developmental disability."

Ronald F. v. Department of Developmental Services—filed Feb. 1, 2017, Second District, Div. Two
Cite as 2017 S.O.S. 513
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Tenant's waiver of all rights under local rent control ordinance, including the right to reoccupy the unit in the event that landlord--who sought to end the tenancy, pursuant to the Ellis Act, in order to occupy the unit personally--vacated the unit at a later date, was valid and enforceable where tenant agreed to, and did, accept a lump sum payment in exchange for the waiver.

Geraghty v. Shalizi—filed Jan. 24, 2017, publication ordered Feb. 10, 2017, First District, Div. One
Cite as 2017 S.O.S. 722
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Substantial evidence supported court's determination, at the bench trial of a landowner's claim for termination of neighbor's recorded right of way in a private road by adverse possession, that plaintiff's position was not sufficiently hostile and adverse to defendant's right of way as a matter of law to put defendant on notice of plaintiff's claim. Installation of fences and a locked gate did not suffice where there was no evidence that defendant or his predecessor regularly used the private road for access to or from his property. Evidence instead suggested that defendant's predecessor fenced off the rear of its lot without including the road to prevent access by plaintiff's tenants and others.

Vieira Enterprises v. McCoy —filed Jan. 23, 2017, publication ordered Feb. 22, 2017, Sixth District
Cite as 2017 S.O.S. 928
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A trustee's refusal or neglect to distribute trust assets to a beneficiary does not constitute a breach of fiduciary duty and is not actionable.

Williamson v. Brooks - filed Jan. 31, 2017, Second District, Div. Six
Cite as 2017 S.O.S. 497
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