Fischbach v. Trustees of Cal. State Univ., 2004 WL 179471 (Cal. Ct. App. Jan. 31, 2004) (Unpublished)

Key Insight: Email discovered and produced after court granted summary judgment for defense and notice of appeal was filed constituted new evidence; appellate court granted writ of coram vobis, reversed and directed the trial court to deny defendants’ motion for summary judgment without prejudice to their renewing the motion after plaintiff had opportunity to conduct further discovery regarding email

Nature of Case: Defamation and invasion of privacy

Electronic Data Involved: Belatedly produced email found on key player’s hard drive