In Shah v. Department of Resources, published June 15, 2023, the 3rd District Court of Appeal affirmed a trial court decision sustained a demurrer without leave to amend and dismissing the action as barred by the statute of limitations. California's Employee Suggestion Program awarded employees cash awards for suggestions that saved the state money. The…
In Chen v. Albany Unified School District, published December 27, 2022, the 9th Circuit Court of Appeals affirmed summary judgment in favor of the defendant school district and associated defendants. A high school student created a private Instagram account to share memes, images, and comments with his close friends. He allowed 13 people to follow…
In Kleiser v. Chavez, published December 9, 2022, the 9th Circuit Court of Appeals affirmed summary judgment in favor of the defendant state department of labor and industries. Two disgruntled employees of an electrician company provided the department with data from the employer, particularly printouts of cell site location information, that provided GPS coordinates for company…
In Gearing v. City of Half Moon Bay, published December 8, 2022, the 9th Circuit Court of Appeals affirmed a district court decision granting the defendant city's motion to abstain under Railroad Commission of Texas v. Pullman Co. (1941) 312 U.S. 496 from hearing the plaintiffs' regulatory takings case while the city's eminent domain suit regarding…
In Let Them Choose v. San Diego Unified School District, published November 22, 2022, the Fourth District Court of Appeal, Division 1 affirmed a trial court judgment determining that the defendant school district's COVID-19 requirements were preempted by state law. The district adopted a "Vaccination Roadmap" requiring students 16 or older to be vaccinated for COVID-19 in…
In Melnik v. Dzurenda, published September 27, 2021, the 9th Circuit Court of Appeals, in a split decision, affirmed denial of a defense summary judgment motion based on qualified immunity. The plaintiff inmate was charged with improper use of the prison mail system to smuggle drugs through the mail. The defendant correctional officials had envelopes addressed…
In Csutoras v. Paradise High School, published September 7, 2021, the 9th Circuit Court of Appeals affirmed summary judgment for the defendant school and district in a lawsuit seeking money damages under Title II of the Americans with Disabilities Act and the Rehabilitation Act of 1973. The plaintiff high school student requested and was granted accommodations under…
In Voice of San Diego v. Superior Court (County of San Diego), published July 16, 2021, the Fourth District Court of Appeal, Division 1 declined to issue a writ of mandate disturbing a trial court's decision on a California Public Records Act petition. The petitioner news media organizations made a CPRA request for records showing the…
In Briley v. City of West Covina, published July 1, 2021, the Second District Court of Appeal, Division 4 affirmed in part and reversed in part a judgment after jury trial in favor of the plaintiff in an employment retaliation case. The plaintiff was a deputy fire Marshal. He complained to the city that various…
In Pakdel v. City and County of San Francisco, published June 28, 2021, the U.S.U.S. Supreme Court, per curiam vacated and remanded a 9th Circuit decision. Plaintiffs challenged a city requirement that they offer a tenant in a tenancy-in-common a lifetime lease as a condition of converting to condominium ownership. The city refused to exempt them…