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 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 Rodriguez v. City of San Jose, published July 23, 2019, the 9th Circuit affirmed summary judgment for the defendant city, its police department, and a police officer in a lawsuit brought under 42 U.S.C. section 1983. Officers responded to the plaintiff's 911 call for a welfare check on her husband. The husband was ranting, mentioned…
In Estill v. County of Shasta, published July 31, 2018, the Third District Court of Appeal reversed an order granting new trial after the trial court granted the defendant county summary judgment. The plaintiff, a jail employee, was the subject of an internal affairs investigation in 2009. In September 2009, the sheriff's office served the plaintiff…
In Krolikowski v. San Diego City Employees' Retirement System, published June 14, 2018, the Fourth District Court of Appeal, Division 1 affirmed judgment after a bench trial in favor of the defendant retirement system. Decades after the plaintiffs, retired city employees, began drawing pensions, SDCERS determined that it had calculated the pensions incorrectly, and was overpaying…
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 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…