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Plaintiff Who Files and Serves Lawsuit while Claim under Consideration Cannot Cure Prematurity by Dismissing and Refiling Suit

June 2, 2026

In Harland v. City of West Hollywood, published June 2, 2026, the Second District Court of Appeal, Division 8 affirmed dismissal of the action after demurrer. The plaintiff alleged she tripped and fell due to a sidewalk condition. Two days before the six-month claim-presentation period expired, plaintiff’s counsel mailed a claim for damages to the… Keep reading →

Amended Interrogatory Response on Creation of Alleged Dangerous Condition Did Not Create Triable Issue of Fact

May 18, 2026

In Sargenti v. City of Long Beach,https://www4.courts.ca.gov/opinions/documents/B340275.PDF ,published May 15, 2026, the Second District Court of Appeal, Division 7 affirmed summary judgment in favor of the defendant city. The plaintiff was riding a dockless scooter on city sidewalks. While attempting to move from the sidewalk to a bicycle lane in the street, the plaintiff hit… Keep reading →
Officer Did Not Violate Clearly-Established Law by Using Deadly Force on Man Who Had Fired Gun and Who Was Holding a Baby

May 7, 2026

In Fuhr v. City of Seattle, published May 7, 2026, a divided panel of the 9th Circuit Court of Appeal affirmed summary judgment for a police officer based on qualified immunity. The mother of the decedent’s daughter made a 911 call from a public playfield, reporting that the father of her child (against whom she… Keep reading →
State-Created-Danger Doctrine Does Not Apply to Economic Harm

May 6, 2026

In 3Pak LLC v. City of Seattle, published May 5, 2026, the 9th Circuit Court of Appeals affirmed in part and reversed in part the district court’s dismissal of a lawsuit brought under 42 U.S.C. § 1983 and Washington State law. During the 2020 protests sparked by the killing of George Floyd, protestors occupied a… Keep reading →
Where Road Conditions That Caused Accident Are Open and Obvious, No Failure-to-Warn Claim Is Available

April 2, 2026

In Pagan v. City of San Rafael, ordered published April 1, 2026, the First District Court of Appeal, Division 2 affirmed summary judgment in favor of the defendant city. The teenaged plaintiff was riding in a car driven by her teenaged friend on a rainy day when the car hydroplaned and on a curve.The driver… Keep reading →
Case Law Must “Obviously Resolve” That an Officer’s Actions Violate the Fourth Amendment to Eliminate Qualified Immunity

March 24, 2026

In Zorn v. Linton, published March 23, 2026, the Supreme Court, in a per curiam opinion, reversed a circuit court decision that itself reversed a district court’s grant of summary judgment. Officers informed protesters engaged in a sit-in at a state capitol that they would be arrested for trespassing. The protesters linked arms and refused… Keep reading →
Evidence of Branches Falling Off Other Trees of Same Species Properly Admitted to Show Constructive Notice of Dangerous Condition

March 14, 2026

In Yan v. City of Diamond Bar, published March 11, 2026, the Second District Court of Appeal, Division 5 affirmed a jury verdict for the plaintiff in a case alleging Government Code section 835 liability for dangerous condition of public property. While the plaintiff was walking down a city sidewalk, a tree limb detached from… Keep reading →
Warden May Have Violated Clearly-Established Law by Denying Inmates Yard Exercise during Pandemic but Ordering Them to Go to Work

January 29, 2026

In Cardenas-Ornelas v. Johnson, published January 29, 2026, the 9th Circuit Court of Appeal affirmed in part and reversed in part the district court’s denial of summary judgment based on qualified immunity. The plaintiff claimed that during the COVID-19 Pandemic, prison staff denied him and his unit yard exercise, arguing inability to carry out social… Keep reading →
School District Was Statutorily Immune from Liability for Student’s Off-Campus Suicide, Because None of the Exceptions Immunities Applied

January 28, 2026

In Vallejo City Unified School District v. Superior Court (Caguin), ordered published January 27, 2026, the First District Court of Appeal, Division 4 issued a writ directing a trial court to grant a motion for summary judgment/summary adjudication in part. A sixth-grade student had conflicts with other students. The student reached out to her teacher… Keep reading →
California Public Records Act Provides for Declaratory Relief Despite Agency Producing All Responsive Records, but Does Not Impose Retention Requirement

January 26, 2026

In City of Gilroy v. Superior Court (Law Foundation of Silicon Valley) , published January 15, 2026, the California Supreme Court affirmed in part and reversed in part the decision of the lower court of appeal. The plaintiff organization filed a series of public records request with the petitioner city requesting records of cleanups of… Keep reading →

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