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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 →

Where Ongoing Accrual Applies, Demurrer Based on Statute of Limitations Is Improper

October 30, 2019

In County of El Dorado v. Superior Court (Austin), published October 30, 2019, the Third District Court of Appeal declined to grant a writ disturbing a trial court decision overruling the petitioner county's demurrer in a case seeking developmental impact fees under the Mitigation Fee Act for the county's alleged failure to make findings justifying continuing… Keep reading →
New Legislation for 2020 Affecting Time to File Complaint with DFEH in FEHA Actions

October 20, 2019

AB 9, signed into law on October 10, 2019 and taking effect in 2020, extends the time for an employee suing for employment discrimination in violation of the Fair Employment and Housing Act to present a complaint to the DFEH from one year from accrual to three years. The amendment provides that it does not… Keep reading →
New Legislation for 2020 Affecting Claims for Sexual Assault

October 20, 2019

On October 13, 2019, the Governor signed into law AB 128, which makes significant changes in both the statute of limitations for claims for childhood sexual assault, and the status of lawsuits against public entities for childhood sexual assault that were previously barred by the Government Claims Act. The new laws go into effect January… Keep reading →
For Purposes of Design Immunity, Substantial Evidence That Design of Large, Obvious Bollard was Reasonable

October 16, 2019

In Dobbs v. City of Los Angeles, published October 16, 2019, the Second District Court of Appeal, Division 8 affirmed summary judgment in favor of the defendant city in a dangerous condition case. The plaintiff walked into a round concrete bollard, 17.5 inches high and 17.5 inches wide, one of many surrounding the Los Angeles Convention… Keep reading →
A Public Employer Is Not Liable for Retaliation under Labor Code section 1102.5(c) Unless the Plaintiff Proves the Employer Actually Engaged in an Activity That Violates Law

October 2, 2019

In Nejadian v. County of Los Angeles, published October 1, 2019, the Second District Court of Appeal, Division 4, reversed a judgment after jury trial against the defendant county, and ordered judgment entered in the county's favor. The plaintiff, an Environmental Health Specialist, alleged that he was retaliated against for declining to allow home rebuilding plans… Keep reading →
Complaint Properly Pleads First Amendment Claim for Retaliation against Social Worker, but Defendant Entitled to Qualified Immunity against Fourth and Fourteenth Amendment Claims

September 1, 2019

In Capp v. County of San Diego, published August 30, 2019, the 9th Circuit affirmed in part and reversed in part a district court order granting a motion to dismiss a 42 U.S.C. section 1983 suit by a father and his children against the defendant county and some of its social workers. The complaint alleged that… Keep reading →
Transit Company Is Not Liable under Common-Carrier Statute for Fall Caused by Ordinary Risks of Busy Train Platform

August 28, 2019

In Churchman v. Bay Area Rapid Transit District, published August 28, 2019, the First District Court of Appeal, Division 5 affirmed dismissal after demurrer. While the plaintiff was standing on a BART platform, the opening and closing of doors on opposite sides of the cars, partially inaudible and confusing public address announcements, and abrupt turns and… Keep reading →
Absent “Peculiar Condition,” City Could Not Be Held Liable for Dangerous Condition of Public Property Because It Did Not Light a Crosswalk Better

August 27, 2019

In Huerta v. City of Santa Ana, published August 23, 2019, the Fourth District Court of Appeal, Division 3, ruling 2-1, affirmed summary judgment for the defendant city. Three children, wearing black on Halloween night, were crossing a marked crosswalk leading to an elementary school when a speeding car struck and killed the children. The driver… Keep reading →
Statute of Limitations for Placement of Name on Child Abuser’s List without Due Process Accrued upon Discovery

August 26, 2019

In Bird v. State of Hawaii, published August 23, 2019, the 9th Circuit affirmed dismissal of a 42 U.S.C. section 1983 complaint on statute of limitations grounds. In 2007, the plaintiff's younger child died as an infant. Authorities concluded that the child died due to maltreatment. The defendant state put the plaintiff and her husband on… Keep reading →

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