Week of May 4, 2009

"Thus the court went beyond the record when it cast the boats as floating apartments or condominiums, and appellant's lease of his slip as analogous to a lease for a dwelling. Respondent contends appellant waived the absence of such evidence on appeal, but respondent cites no authority showing a party opposing summary judgment or adjudication waives the moving party's failure to present evidence to support judgment for the moving party.

Justice Laurence D. Rubin
Nicholls v. Holiday Panay Marina (B202356, May 5, 2009)
p. 10