In Howard Jarvis Taxpayers Association v. Powell, published October 11, 2024, the Fourth District Court of Appeal, Division 2 reversed an award of fees under the Anti-SLAPP statutes and reversed denial of a special motion to strike under Anti-SLAPP. The plaintiff sued a water district and three of its board members, alleging aquifer replenishment charge assessments…
In Linthcum v. Wagner, published February 29, 2024, the 9th Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction. An Oregon initiative provides that a state legislator's failure to attend ten or more legislative sessions without permission or excuse shall be deemed disorderly behavior and shall disqualify the legislator from holding office…
In Linthcum v. Wagner, published February 29, 2024, the 9th Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction. An Oregon initiative provides that a state legislator's failure to attend ten or more legislative sessions without permission or excuse shall be deemed disorderly behavior and shall disqualify the legislator from holding office…
In Linthcum v. Wagner, published February 29, 2024, the 9th Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction. An Oregon initiative provides that a state legislator's failure to attend ten or more legislative sessions without permission or excuse shall be deemed disorderly behavior and shall disqualify the legislator from holding office…
In Mary's Kitchen v. City of Orange, published October 25, 2023, the Fourth District Court of Appeal, Division 3 affirmed a trial court decision denying the defendant city's special motion to strike under anti-SLAPP law. The plaintiff provides homeless services in the defendant city. The city manager terminated the plaintiff's business license, citing safety concerns. At…
In City of Los Angeles v. Herman, published August 28, 2020, the Second District Court of Appeal, Division 2 affirmed a trial court order issuing a workplace violence restraining order imposed on the defendant under Code of Civil Procedure section 527.8, restraining the defendant's contact with a deputy city attorney. The defendant, who regularly attended city…
In Freedom From Religion Foundation, Inc. v. Chino Valley Unified School District Board of Education, published July 25, 2018, the 9th Circuit affirmed the district court's grant of summary judgment and injunctive relief against the defendant school board. The board instituted a policy of beginning each meeting with a prayer. A rotating set of presenters, from…
In Lozman v. City of Riviera Beach, Florida, published June 18, 2018, the U.S. Supreme Court reversed and remanded a judgment for the defendant city after a jury trial. The plaintiff was an outspoken critic of the city. After the plaintiff filed a lawsuit against the city, the city council held a closed-door meeting on the…
In United States of America v. County of Maricopa, published May 7, 2018, the 9th Circuit affirmed summary judgment in favor of the United States in a lawsuit to halt racially discriminatory police traffic stop policies instituted by the defendant county's former sheriff, Joe Arpaio. Under those policies, the sheriff's department routinely targeted Latino drivers and…
In Guarino v. County of Siskiyou, ordered published March 29, 2018, the Third District Court of Appeal affirmed a trial court order granting an anti-SLAPP special motion to strike the plaintiff's complaint. The plaintiff was county counsel. According to the plaintiff's allegations,i n 2011, the county investigated a complaint by the plaintiff's subordinate that the plaintiff…