California Supreme Court Watch

May 09, 2019
#18-151 Monster Energy Co. v. Schechter, S251392. (E066267; 26 Cal.App.5th 54; Riverside County Superior Court; RIC1511553.)

#18-151 Monster Energy Co. v. Schechter, S251392. (E066267; 26 Cal.App.5th 54; Riverside County Superior Court; RIC1511553.) Petition for review after the Court of Appeal affirmed in part and reversed in part an order granting in part and denying in part a special motion to strike. The court limited review to the following issues: (1) When a settlement agreement contains confidentiality provisions that are explicitly binding on the parties and their attorneys and the attorneys sign the agreement under the legend “APPROVED AS TO FORM AND CONTENT,” have the attorneys consented to be bound by the confidentiality provisions? (2) When evaluating the plaintiff’s probability of prevailing on its claim under Code of Civil Procedure section 425.16, subdivision (b), may a court ignore extrinsic evidence that supports the plaintiff’s claim or accept the defendant’s interpretation of an undisputed but ambiguous fact over that of the plaintiff?

Review granted/issues limited: 11/14/2018 | New Oral Argument: 05/07/2019 | Decided: 07/11/2019

See the California Court of Appeal Opinion.

See the Petition for Review.

See the Supreme Court Opinion.