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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 →

Stipulated Judgment Awarding Set Amount of Attorney Fees but Permitting Fees for Enforcement Allowed Plaintiffs to Seek Award of Fees for Enforcement

November 7, 2024

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.… Keep reading →
Police Agency Acted within Its Discretion in Terminating Officer For Refusing to Comply with Vaccine Mandate

November 1, 2024

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… Keep reading →
Because Cannabis is Illegal under Federal Law, Conditional Use Permit for Cultivation Cannot Be Granted over Servient Tenement Owner’s Objection

October 29, 2024

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… Keep reading →
Because Suit against Individual Defendants for Relief only Entity Can Provide Does Not Serve Public Interest, Public Interest Exemption from Anti-SLAPP Does Not Apply

October 15, 2024

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… Keep reading →
District Court Lacks Inherent Authority to Impose Presumption Instruction as Sanction for Inadvertent Loss of Electronically-Stored Information

October 5, 2024

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… Keep reading →
Divided Appellate Court Affirms Judgment Apportioning 100% Fault to Entity That Failed to Prevent Molestation and 0 to Molester

September 24, 2024

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… Keep reading →
Qualified Immunity Applied to Use of Force to Handcuff Struggling Suspect Who Had Struck Officer, but Not to Kneeling on Subdued Suspect

September 17, 2024

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… Keep reading →
Posting Arrestees’ Personal Information without Rational Relation to Proper Purpose Violated Substantive Due Process

September 9, 2024

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… Keep reading →
Legal Developments Favorable to Defendant That Occur After Incident Do Not Affect Whether Law Clearly Established at Time of Incident

September 6, 2024

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… Keep reading →

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