Don't confuse the Supreme Court of California with the 9th Circuit Court of Appeals... the SCoCA is generally moderate to conservative, and gave us Janice Rogers Brown.
Thank goodness! But again, why does this have to go all the way up to the State's supreme court? Common sense needs to be re-instituted back into the court system so that stupid lawsuits like this get thrown out at the lowest level. You know damn well you could get hit by a ball when playing baseball. There's nothing to discuss or debate.
A lawyer and his client failed to cash in. The lawyer will keep trying, no doubt.
Everyone at the start of a ballgame always ask this guy if he has a good view - they sing out: Jose can you see?
Only a complete ass would sue in a case like this!