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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 →

Agency That Properly Withholds Documents from Production under the Public Records Act under Deliberative Privilege May Not Be Ordered to Produce Index of Withheld Documents That Reveals Confidential Information

January 8, 2018

In Labor and Workforce Development Agency v. Superior Court (Fowler Packing Co.), published January 8, 2018, the Third District Court of Appeal issued a writ of mandate directing a trial court to vacate an order directing the Agency to produce an index identifying the author, recipient, matter, and nature of exception for each document the Agency… Keep reading →
Conditional Language in Letter Made Public Was Not Stigmatizing Information Entitling Dismissed Employee to Liberty Interest Hearing

January 3, 2018

In Kramer v. Cullinan, published January 3, 2018, the 9th Circuit Court of Appeals reversed denial of summary judgment, sought on the ground of qualified immunity, to a public university's former president. The university employed the plaintiff in a dual role. An audit raised concerns about a conflict of interest, and recommending that a single employee… Keep reading →
Administrative Mandamus Petitioner’s Failure to Submit to Deposition on Standing Justified Terminating Sanction

December 20, 2017

In Creed-21 v. City of Wildomar, ordered published December 19, 2017, the Fourth District Court of Appeal, Division 2 affirmed a defense judgment after an order imposing an issue sanction in a CEQA petition action. The petitioner challenged a city decision permitting real party in interest Wal-Mart to build a retail complex in the city. Wal-Mart… Keep reading →
Officers Do Not Violate Fourth Amendment by Searching, without Warrant, Residence over Objections of Third-Party Resident if They Have Probable Cause to Believe Probationer Accused of Violent Crime Resides There

December 6, 2017

In Smith v. City of Santa Clara, published November 30, 2017, the 9th Circuit affirmed a judgment after jury verdict in favor of the defendant city and its police officers who conducted a warrantless search of a duplex in which the plaintiff resided, over the plaintiff's protests. The police had probable cause to believe that the… Keep reading →
Public Employee’s Grievance to Employer Could Not Substitute for a Timely Claim for Damages

November 30, 2017

In Olson v. Manhattan Beach Unified School District, published November 29, 2017, the Second District Court of Appeal, Division 4, affirmed the dismissal after demurrer of a baseball coach's lawsuit against the district, his employer, for alleged defamation and deceit. The plaintiff did not present a claim for damages to the district before suing. Instead, he… Keep reading →
School District May Be Estopped From Asserting That Claim Should Have Been Presented to District Rather than School Police Department

November 30, 2017

In Santos v. Los Angeles Unified School District, published November 29, 2017, the Second District Court of Appeal, Division 4 reversed summary judgment granted to the defendant school district based on the plaintiffs' failure to present a claim to the district. The plaintiffs were involved in a serious auto accident with a Los Angeles School Police… Keep reading →
Public Entity’s Permitting Decisions Not Protected Activity under Anti-SLAPP Law

November 27, 2017

In Shahbazian v. City of Rancho Palos Verdes, published November 22, 2017, the Second District Court of Appeal, Div. 7 affirmed a trial court's denial of the defendant city's special motion to strike under Code of Civil Procedure section 425.16, the anti-SLAPP statute. The plaintiffs sued the city over the city's decision to issue permits permitting… Keep reading →
Night Club’s Failure to Exhaust Administrative and Judicial Remedies Bars Causes of Action for Intentional Interference, Negligence, and Declaratory Relief Arising out of Administrative Actions

November 20, 2017

In Los Globos Corporation v. City of Los Angeles, published November 20, 2017, the Second District Court of Appeal, Division 1 affirmed the dismissal on demurrer of a night club's suit against the defendant city arising out of the city fire department's and department of building and safety's actions concerning the club's approved occupant loads for… Keep reading →
Penal Code section 847(b) Does Not Create Qualified Immunity for False Arrest; Bane Act Claim Arising out of Unlawful Arrest Does Not Require Independent Act of Coercion

November 17, 2017

In Cornell v. City and County of San Francisco, published November 16, 2017 and modified November 17, 2017, the First District Court of Appeal, Division 4, affirmed a jury verdict in favor of an off-duty trainee police officer who sued San Francisco and four police officers for the plaintiff's arrest and detention in jail, and the… Keep reading →

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