In Robles v. City of Ontario, published November 6, 2024, the Fourth District Court of Appeal, Division 3 reversed a trial court order denying the plaintiffs their attorney fees for enforcing a stipulated judgment. The plaintiffs brought a lawsuit under the Voting Rights Act of 16965 (52 U.S.C section 10301(c)), the California Voting Rights Act (Elec.…
In Bedard v. City of Los Angeles, published October 31, 2024, the Second District Court of Appeal, Division 3 affirmed a trial court decision denying in part and granting in part a petition for administrative mandate. In 2021, the defendant city passed an ordinance that required that all city employees be vaccinated against COVID-19 or request…
In JCCrandell, LLC v. County of Santa Barbara, published October 29, 2024, the Second District Court of Appeal, Division 6 reversed a trial court decision denying a petition for administrative mandate. A company applied to the respondent county for a conditional use permit to cultivate cannabis. The holder of the land on which cultivation would take…
In Howard Jarvis Taxpayers Association v. Powell, published October 11, 2024, the Fourth District Court of Appeal, Division 2 reversed an award of fees under the Anti-SLAPP statutes and reversed denial of a special motion to strike under Anti-SLAPP. The plaintiff sued a water district and three of its board members, alleging aquifer replenishment charge assessments…
In Gregory v. State of Montana, published September 27, 2024, the 9th Circuit Court of Appeals reversed a judgment against the defendant probation officer and state. There was an altercation between the plaintiff and the officer in the probation office parking lot that ended with the plaintiff’s arrest. The incident was captured on an…
In A.H. v. Tamalpais Union High School Dist., published September 9, 2024, the First District Court of Appeal, Division 2 affirmed a judgment against the district entered after jury trial. The plaintiff was molested by his school tennis coach. Before the molestation occurred, the school principal received a report that the coach had touched a student's…
In Spencer v. Pew, published September 16, 2024, the 9th Circuit affirmed in part and reversed in part summary judgment for the defendant officers. The vehicle in which the plaintiff rode pulled out of a driveway directly in front of an unmarked police car. Defendant officers stopped the car for an unsafe maneuver. The plaintiff appeared…
In Houston v. County of Maricopa, published September 5, 2024, the 9th Circuit Court of Appeals affirmed in part and reversed in part the dismissal of a putative class action under 42 U.S.C. section 1983. The county published a Mugshot Lookup website on which it posted photographs and extensive personal identifying information about arrestees. The photographs…
In Sanderlin v. Dwyer, published September 4, 2024, the 9th Circuit affirmed the district court's denial of the defendant police officer's summary judgment motion. During a mass protest, the plaintiff stood in front of the defendant officer, holding a sign. The officer was equipped with a 40 mm launcher, capable of firing foam baton rounds. The…
In Marroquin v. City of Los Angeles, published August 27, 2024, the 9th Circuit Court of Appeals affirmed a trial court orders granting partial new trial and denial of a motion for relief from judgment based on newly-discovered evidence. The plaintiff sued the defendant city and an officer for alleged use of excessive force when the…