In California-American Water Co. v. Marina Coast Water District, published December 28, 2022, the First District Court of Appeal, Division 2 reversed summary judgment arising out of a contract dispute. A water utility and a water district, among others, agreed on a plan to develop and construct a regional desalination project. The parties entered into…
In Simms v. Bear Valley Community Health Care District, published June 28, 2022, the Fourth District Court of Appeal, Division 2 reversed an order denying a Government Code section 946.6 petition for relief from the claim requirements and dismissing the case. The respondent is a local health care district. On December 8, 2017, the plaintiff…
In Plata v. City of San Jose, published February 2, 2022, the Fourth District Court of Appeal, Division 3 affirmed in part and reversed in part a judgment entered after a bench decision. The plaintiffs, property owners within the defendant city's water district, presented a claim for damages in November 2013 accusing the district of violating…
In Andrews v. Metropolitan Transit System, published January 31, 2022, the Fourth District Court of Appeal, Division 1 reversed summary judgment granted to the defendant agency based on the statute of limitations. The claimant presented a claim to the agency, seeking damages for personal injuries. The claim listed the claimant's attorney as the contact to whom…
In Coble v. Ventura County Health Care Agency, published December 29, 2021, the Second District Court of Appeal, Division 6 affirmed a trial court order denying a petition for relief from the claim requirements under Government Code section 946.6. The petitioner’s claim against the county for alleged medical malpractice accrued on August 2, 2019. The…
In Cavey v. Tualla, published September 24, 2021, the Fifth District Court of Appeal reversed the dismissal of a personal injury lawsuit against a public entity after demurrer. In May 2017, the plaintiff was a passenger hit by a truck driven by the defendant employee of a school district and owned by the district. After the…
In Daneshmand v. City of San Juan Capistrano, ordered published February 16, 2021, the Fourth District Court of Appeal, Division 3 affirmed judgment in favor of the defendant city. In a prior lawsuit, the trial and appellate court ruled that tiered water rates in effect February 1, 2010 through June 30, 2014 were not proportional to…
In N.G. v. County of San Diego, published December 28, 2020, the Fourth District Court of Appeal, Division 1 affirmed a trial court decision denying a Government Code section 946.6 petition for relief from failing to present a timely claim. The petitioner alleged that a sheriff's deputy sexually assaulted her in a hotel room bathroom while…
In Lowry v. Port San Luis Harbor District, published October 22, 2020, the Second District Court of Appeal, Division 6 affirmed judgment entered for the defendant district based on a motion for judgment on the pleadings. The plaintiff filed a complaint in superior court against the district. On the same day, he faxed the district an…
In Lockett v. County of Los Angeles, published October 2, 2020, the 9th Circuit, ruling on an interlocutory appeal, affirmed denial of a motion to dismiss a Monell claim in a 42 U.S.C. section 1983 case on statute of limitations grounds. On January 1, 2016, officers from the defendant county arrested the plaintiff. The plaintiff alleges the…