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Where Design Plan Contains Warnings, Claim That Property Is Dangerous Because Warnings Are Inadequate Is Subject to Design Immunity

September 25, 2026

In Tansavatdi v. City of Rancho Palos Verdes, published September 24, 2026, the Second District Court of Appeal, Division 4 affirmed summary judgment for the defendant city. A bicyclist riding down a city street toward an intersection failed to see an 80-foot truck turning in the intersection. He went under the wheels of the truck… Keep reading →

Supreme Court Issues Preliminary Injunction in Cases Challenging Pandemic Restrictions on Places of Worship

November 27, 2020

In Roman Catholic Diocese of New York v. Cuomo, published November 25, 2020, a split Supreme Court granted an application for injunctive relief enjoining the Governor of New York State from enforcing executive orders imposing restrictions on places of worship of from 25 people to 10 people, depending on whether the areas have been classified as "orange"… Keep reading →
Prison Guards Do Not Violate Clearly-Established Law by Making Excessive Noise While Conducting Court-Ordered Welfare Checks

November 21, 2020

In Rico v. Ducart, published November 20, 2020, a divided 9th Circuit panel held reversed denial of prison guards' motion to dismiss a 42 U.S.C. section 1983 lawsuit brought by a plaintiff prisoner. A federal court had ordered the California Department of Corrections to conduct welfare checks on inmates in Security Housing Units every half hour. … Keep reading →
While Familial Relationship Claims of Parent and Child Raise Identical Issues, Ambiguous State Court Verdict Prevents Claim Preclusion

November 18, 2020

In Hardwick v. County of Orange, published November 18, 2020, the 9th Circuit affirmed a district court's denial of summary adjudication in a plaintiff's favor of a claim for loss of familial association. County social workers allegedly made misrepresentations to a court that resulted in minors being removed from their mother's custody and put into foster… Keep reading →
Because School Districts Are Not Business Establishments, the Unruh Act Does Not Apply to Them

November 17, 2020

In Brennon B. v. Superior Court (West Contra Costa Unified School District), published November 13, 2020, the First District Court of Appeal, Division 1 denied a petition for a writ of mandate challenging an order sustaining the real party school district's demurrer to the petitioner's cause of action under the Unruh Act without leave to amend. … Keep reading →
Regulations Favoring Recent Recipients of Taxi Medallions Do Not Violate Equal Protection, Due Process, CEQA, or Age Discrimination Laws

November 9, 2020

In San Francisco Taxi Coalition v. City and County of San Francisco, published November 9, 2020, the 9th Circuit affirmed in part and reversed in part judgment on the pleadings for the defendant city. In light of ride-sharing businesses eroding demand for taxi service, and the fact that recent taxi medallion purchasers paid $250,000 to the… Keep reading →
Prison Officials Not Entitled to Qualified Immunity for Confining Inmate in Unsanitary Cells; Eighth Amendment Violation under Facts Is “Obvious”

November 2, 2020

In Taylor v. Riojas, published November 2, 2020, the Supreme Court reversed a circuit court's ruling that correctional officials were entitled to summary judgment in a 42 U.S.C. section 1983 case. The inmate alleged that for six days he was confined to two unsanitary cells. The first was allegedly covered nearly floor to ceiling in massive… Keep reading →
Although Use of Less-Lethal Force on Armed Suspect Refusing to Raise Hands Reasonable, Issue of Fact Exists on Whether Officer Using Foot to Force Non-Resisting Suspect Down Reasonable or Subject to Qualified Immunity

October 28, 2020

In Cortesluna v. Leon, published October 27, 2020, a split 9th Circuit Court of Appeals panel affirmed in part and reversed in part summary judgment for the defendant police officers and city in a 42 U.S.C. section 1983 case. A 911 operator received a call from a 12-year-old that her mother's boyfriend was carrying a chainsaw… Keep reading →
Officer Did Not Violate Clearly-Established Law by Using Deadly Force on Suspect Approaching Previous Assault Victim with Drawn Knife

October 22, 2020

In Ventura v. Rutledge, published October 22, 2020, the 9th Circuit Court of Appeals affirmed summary judgment granted to a police officer in a 42 U.S.C. section 1983 case. In 2015, the mother of the decedent's children called 911 and reported that the decedent had hit her and the decedent's mother. The call was classified as… Keep reading →
Filing Lawsuit and Presenting Late-Claim Application on Same Day Does Not Comply with Claim-Presentation Requirement

October 22, 2020

In Lowry v. Port San Luis Harbor District, published October 22, 2020, the Second District Court of Appeal, Division 6 affirmed judgment entered for the defendant district based on a motion for judgment on the pleadings. The plaintiff filed a complaint in superior court against the district. On the same day, he faxed the district an… Keep reading →

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