Calif. High Court Denies Petition to Review Dispute Involving ‘Inevitable Use’ Standard

SAN FRANCISCO –– California’s highest court has declined to weigh in whether a trial court incorrectly applied the “exclusive use” standard and should have instead used the “inevitable use” standard when assessing a motion for summary judgment.

On Aug. 24, the California Supreme Court denied the petition for review according to the court’s online docket, allowing an intermediate appellate court’s decision reversing the award of summary judgment to stand.

The California Court of Appeals, First District, Division Four, issued its opinion in May, reversing an award of summary judgment entered in favor of Hennessy Industries Inc., ruling that …