AN APPEAL TO REASON

You’ve made your objections but you can’t stop there. You must also obtain a ruling on your objections from the trial court. (City of Long Beach v. Farmers & Merchants Bank of Long Beach (2000) 81 Cal.App.4th 780, 784.) During the hearing, it’s easy to get lost in discussions with the court and opposing counsel, and quite often under these circumstances, a ruling on an objection will be forgotten.

This problem frequently arises in connection with summary judgment motions. At the hearing on the motion, make sure the trial court rules on your objections. If you have made numerous objections, figure out which ones are really important and secure rulings on them. If not, your objections will be deemed waived. (Code of Civil Procedure § 437c(b)(5), (c) and (d); see also Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 670, fn. 1; Ramsey v. City of Lake Elsinore (1990) 220 Cal.App.3d 1530, 1540.) The failure to object waives any argument on appeal, except in very limited circumstances, such as jurisdictional grounds or new authority (Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 670, fn. 1), unless the record shows it would have been futile to continue to object or ask for a ruling. (City of Long Beach v. Farmers & Merchants Bank of Long Beach, supra, at p. 784.)

Be sure to follow California Rules of Court, Rules 3.1352 and 3.1354 regarding the format for written objections. It is recommended that your objections be presented in writing and in advance of the hearing date, rather than depending on the presence of a court reporter. See also Code of Civil Procedure §437c(b)(5), (c) and (d). Now that the format for making objections and obtaining rulings has changed, it is easy for the trial court to make a ruling just by checking the appropriate space. (CRC rule 3.1354(c).)

The same advice applies to motions in limine and motions to strike. Get a ruling to your objections. If you disagree with the court’s ruling, note your objection, otherwise you may have waived any argument that the ruling was incorrect.