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Armed, Belligerant, Defiant Suspect Need Not Point Weapon at Police to Justify Use of Deadly Force

September 16, 2026

In Handy v. Jones, published September 15, 2026, the 9th Circuit Court of Appeals reversed a district court order denying a motion to dismiss. Late at night, the plaintiffs’ decedent’s neighbor called 911 multiple times to report a disturbance between the decedent and his girlfriend. The neighbor reported hearing screaming, a loud thud against the… Keep reading →

School Whistleblower Statute Did Not Impliedly Repeal School Districts’ Statutory Immunity from Punitive Damages

December 19, 2019

In Visalia Unified School Dist. v. Superior Court (Harlan), published December 17, 2019, the Fifth District Court of Appeal issued a writ reversing a trial court order denying a motion to strike a prayer for punitive damages against the petitioner school district. The real party in interest, a district employee, sued the district for alleged retaliation… Keep reading →
In Excessive-Force Case, District Court Erred by Excluding Lay Witness Testimony of Decedent’s Past Behavior Consistent with Mental Illness

December 16, 2019

In Crawford v. City of Bakersfield, published December 16, 2019, the 9th Circuit Court of Appeals reversed a jury verdict for a defendant police officer and his municipal employer. At a gas station, a decedent pulled a gas nozzle out of a car, poured the gas on the ground around himself (spraying some on a bystander),… Keep reading →
Search Warrant for Entire Multi-Resident Property Was Not Overbroad; Detention of Elderly Resident During Duration of Search Not Unreasonable

December 11, 2019

In Blight v. City of Manteca, published December 11, 2019, the 9th Circuit affirmed summary judgment for police officers who obtained and executed a search warrant for a multi-acre wooded property. The officers received reliable firsthand information from an informant that a suspect was growing and processing marijuana on the property. The informant explained that one… Keep reading →
Under State-Created Danger Doctrine, Officer May Violate Substantive Due Process By Disparaging Domestic Violence Victim to Abuser, or Praising Abuser While Protecting Him From Arrest; But Officers Entitled to Qualified Immunity

December 4, 2019

In Martinez v. City of Clovis, published December 4, 2019, the 9th Circuit affirmed summary judgment in favor of defendant police officers in a 42 U.S.C. section 1983 case. The plaintiff was in a relationship with a police officer. In response to a domestic abuse call, a defendant officer declined to arrest the suspected abuser, and… Keep reading →
Conflict-of-Interest Statute Did Not Prevent Independent Contractor from Participating in Both Preconstruction Services and Construction

December 2, 2019

In California Taxpayers Network v. Taber Construction, Inc., published November 27, 2019, the First District Court of Appeal, Division 2 affirmed summary judgment in favor of the defendant contractor in a lawsuit brought under Government Code section 1090. A school district intended to hire a firm to complete a project to modernize the HVAC for multiple… Keep reading →
Action to Recover Developmental Impact Fees under the Mitigation Act Is Subject to One-Year Statute of Limitation, but Accrual Is Ongoing

November 27, 2019

In County of El Dorado v. Superior Court (Austin), ordered published November 26, 2019, the Third District Court of Appeal denied denied the county's petition for a writ reversing the trial court's decision overruling the county's demurrer. The plaintiffs sued the county to recover development impact fees under the Mitigation Fee Act (Gov. Code, § 66000… Keep reading →
CPRA and Private Attorney General Fees Appropriate for Requesting Party Intervening in Reverse-CPRA Action Between Public Agencies

November 22, 2019

In City of Los Angeles v. Metropolitan Water Dist. of So. Cal., West Basin Municipal Water Dist., and The San Diego Union-Tribune, LLC, published November 19, 2019, the Second District Court of Appeal, Division 8 affirmed in part and reversed in part a trial court decision awarding fees in a reverse-CPRA action. MWD, a cooperative water… Keep reading →
For Purposes of Collective Bargaining, County Was Joint Employer of Nonphysician Employees of Private Clinics Working with County

November 21, 2019

In County of Ventura v. Public Employment Relations Board, published November 21, 2019, the Second District Court of Appeal, Division 6 affirmed a PERB decision that nonphysician employees of satellite medical clinics owned by private corporations but undercontract with Ventura County Medical Center to provide medical services were entitled to SEIU representation. The county had refused… Keep reading →
County Does Not Owe Homeowner Fiduciary Duty Regarding Proceeds of Tax Sale Held in Trust

October 30, 2019

in Hodges v. County of Placer, published October 29, 2019, the Third District Court of Appeal affirmed dismissal of a lawsuit after the trial court sustained a demurrer without leave to amend. The plaintiff is the general partner of a partnership that purchased real property and a home in which the plaintiff lived. The county sold… Keep reading →

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