What is the test for making a call in the name of judicial economy?
California, United States of America
The following excerpt is from Alcatel-Lucent United States, Inc. v. Juniper Networks, Inc., H040819, H041259 (Cal. App. 2017):
that of a baseball umpire," which trial courts must exercise "in the name of judicial economy." (See Miyamoto v. Department of Motor Vehicles (2009) 176 Cal.App.4th 1210, 1222 (conc. opn. of Rushing, J.).) "This function recognizes that on certain issues, the trial court's ruling should stand simply because the social cost of questioning it outweighs the private benefit of having a reviewing court substitute its views for those of the trial court." This is the kind of call the trial court was required to make. We cannot sayeven with instant replaythat it got the call wrong. The order taxing costs cannot therefore be held an abuse of discretion.
In Number H040819, the judgment is affirmed. Respondent Juniper will recover its costs.
In Number H041259, the order taxing costs is affirmed. Each party will bear its own costs.
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RUSHING, P.J.
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