In City of Santa Cruz v. Superior Court (County of Santa Cruz), published April 16, 2024, the Sixth District Court of Appeal issued a writ directing the trial court to sustain the defendant city's demurrer to the county's complaint. The county sued the city for damages for emergency repairs to an area located within the city's…
In Stronghold Engineering Incorporated v. City of Monterey, published November 3, 2023, the Sixth District Court of Appeal reversed a summary judgment granted to the defendant city. The city and the plaintiff entered into a contract to renovate city property. The parties signed a change order extending the contract term. As part of the change order,…
In A.S. v. Palmdale School District, published August 28, 2023, the Second District Court of Appeal, Division 8 affirmed dismissal of a personal injury suit against a school on demurrer. On March 5, 2019, an elementary school teacher allegedly grabbed the minor plaintiff's arm and twisted it, resulting in an injury. The next day, the plaintiff's…
In County of Santa Clara v. Superior Court (Doctors Medical Center of Modesto), published July 10, 2023, the California Supreme Court reversed a lower appellate court decision directing a trial court to sustain a demurrer. Under the Knox-Keene Health Care Service Plan Act of 1975, Health & Safety Code section 1304 et seq., if a medical…
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 Feliz v. County of Orange, published May 19, 2023, the Fourth District Court of Appeal, Division 3 affirmed the dismissal, after demurrer, of the plaintiff's lawsuit. In August 2010, the plaintiff's decedent committed suicide in a county jail. The plaintiff presented a timely claim to the county, which was denied by operation of law. In…
In Hernandez v. City of Stockton, published April 28, 2023, the Third District Court of Appeal affirmed summary judgment in favor of the defendant city. The plaintiff tripped and fell on a city street. He presented a claim to the city alleging that he sustained injuries when he tripped and fell due to a "dangerous condition"…
In M.D. Doe, et al., v. Marysville Joint Unified School District, ordered published March 27, 2023, the Third District Court of Appeal affirmed the dismissal of the plaintiffs' lawsuit after demurrer. In 2002, the plaintiffs sued the district and an employee, alleging their school counselor sexually abused them. in that lawsuit, the trial court entered…
In Malear v. State of California, published March 13, 2023, the First District Court of Appeal, Division 3 reversed the dismissal of a putative class action after demurrer. The plaintiff alleged that the transfer of 194 inmates from one prison to another in May 2020 without testing or isolating inmates who displayed symptoms of COVID-19 led…
In Carillo v. County of Santa Clara, published March 13, 2023, the Second District Court of Appeal, Division 4 affirmed dismissal of a medical malpractice suit after demurrer was sustained. The plaintiff alleged that in December 17, 2017, when he was in the custody of the defendant county’s department of corrections, his right foot was…