In County of San Benito v. Superior Court (Western Resources Legal Center), published October 10, 2023, the Sixth District Court of Appeal issued a writ partially overturning a trial court discovery order. Real Party in Interest Western Resources requested records about a proposed development that was the subject of a pending land use application. The county…
In Merchant v. Corizon Health, published April 2, 2021, the 9th Circuit Court of Appeals affirmed a district court's exclusion of expert evidence and summary judgment in favor of prison officials. The plaintiff, a prisoner, alleged that the state department of corrections and its medical provider were deliberately indifferent to his medical needs and were negligent. …
In Yee v. Superior Court (Thrivent Financial for Lutherans), published January 8, 2019, the First District Court of Appeal, Division 2 issued a writ directing the trial court to grant a motion for judgment on the pleadings. The State Controller's Office initiated an audit of the real party insurance company's records. The insurance company and Controller's Office filed…
In Contractors' State Licensing Board v. Superior Court (Black Diamond Electric), ordered published May 9, 2018, the First District Court of Appeal, Division 1 issued a peremptory writ in the first instance reversing a trial court decision denying a protective order. After the petitioner board initiated a disciplinary proceeding against the real party electrical contractor, the…
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…
In Sukumar v. City of San Diego, published August 15, 2017, the Fourth District Court of Appeal, Division 1 reversed a trial court decision denying a fee motion brought by a California Public Records Act petitioner whose petition was defeated. The petitioner sought records about his property and his neighbors. Not satisfied with the city's production…