Update: On July 17, 2019, the California Supreme Court transferred this decision to the Court of Appeal with directions to vacate its decision and reconsider the cause in light of subsequent legislation amending Government Code sections 905 and 935 to bar local entities from imposing claim requirements on childhood sexual abuse claims. The Court of…
In Soto v. Unknown Sweetman, published February 9, 2018, a divided 9th Circuit panel affirmed a district court's grant of summary judgment to the defendants in a pro se prisoner's 42 U.S.C. section 1983 action against several prison guards. The plaintiff alleged that in 2010 he was beaten by the defendant guards. He did not file…
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…
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…
In Entler v. George, published October 6, 2017, the 9th Circuit Court of Appeals reversed in part and affirmed in part a district court's dismissal of a pro se prisoner's lawsuit under FRCP 12(c). The Washington State Department of Corrections established an offender grievance program that encourages prisoners to try to informally resolve their issues before…
In Rubenstein v. Doe 1, published August 28, 2017, the California Supreme Court reversed a Court of Appeal decision that the plaintiff had complied with the Government Claims Act deadline to present a timely claim. The plaintiff alleged that in 1993-1994, when she was a high school student, her coach, an employee of the defendant district,…
In City of Pasadena v. Superior Court (Jauregui), published June 26, 2017, the Second District Court of Appeal, Division 4 issued a writ directing a trial court to sustain the defendant city's demurrer without leave to amend. The plaintiff was diagnosed with mesothelioma in September 2015. In October 2015, she sued various defendants for asbestos exposure.…
In Ramirez v. Tulare County District Attorney's Office, published March 15, 2017, the Fifth District Court of Appeal reversed the dismissal on demurrer of multiple trial court petitions for writ of mandate seeking recovery of cash and other personal property that police officers seized from suspects under Health & Safety Code section 11469 et seq. Those forfeiture…
In J.M. v. Huntington Beach Union High School District, published on March 6, 2017, the California Supreme Court affirmed a lower court of appeal decision upholding denial of a Government Code section 946.6 petition for relief from the claims statute. The minor plaintiff was injured in a football game, and did not obtain an attorney or…