In D.G. v. Orange County Social Services Agency, ordered published January 31, 2025, the Fourth District Court of Appeal, Division 3 reversed the summary judgment granted to the defendant county. The plaintiff and his siblings were first placed in a foster home in 1972, when the plaintiff was three. The foster parents were licensed, had no…
In Murphy v. City of Petaluma, published November 25, 2024, the First District Court of Appeal, Division 1 affirmed summary judgment in favor of the defendant city and two of its paramedics. The plaintiff was involved in a head-on collision. The defendant paramedics responded to the scene. They asked the plaintiff questions to determine her involvement…
In Summerfield v. City of Inglewood, published October 25, 2023, the Second District Court of Appeal, Division 8 affirmed dismissal of a wrongful death suit after demurrer was sustained without leave to amend. In January 2021, the plaintiffs' decedent drove to a park in the defendant city to play basketball. While he was in his vehicle,…
In Nigel B. v. Burbank Unified School District, published July 3, 2023, the Second District Court of Appeal, Division 5 reversed a jury verdict against the defendant school district and its physical education teacher. The plaintiff was an eighth grade student. Another student often bullied him. During a PE class, the plaintiff participated in a…
In Downey v. City of Riverside, published April 26, 2023, the Fourth District Court of Appeal, Division 1 reversed the dismissal of the defendant city after demurrer. The plaintiff was speaking to her daughter via cellphone, giving the daughter directions, when the daughter's vehicle collided with another vehicle at an intersection. The mother heard the collision,…
In Villalobos v. City of Santa Maria, ordered published November 16, 2022, the Second District Court of Appeal, Division 6 affirmed summary judgment in favor of the defendant city and its police officers. Officers responding to a report of a suspicious person with a knife saw the plaintiff's decedent standing in a road holding a knife…
In Roe v. Hesperia Unified School District, ordered published November 4, 2022, the Fourth District Court of Appeal, Division 2 reversed dismissal of a case after a demurrer was sustained without leave to amend. An elementary school custodian allegedly molested multiple six-year-old students. The plaintiffs sued the school district, alleging negligence in supervising the students…
In Gorlick v. State of California, published September 8, 2022, the First District Court of Appeal, Division 3 affirmed dismissal of a defendant county, county sheriff’s office, and deputy sheriff after demurrer was sustained without leave to amend. A disgruntled former resident of a veteran’s home entered the home, armed, and took hostages. The defendant…
In Achay v. Huntington Beach Union High School Dist., published June 28, 2022, the Fourth District Court of Appeal, Division 3 reversed summary judgment for the defendant school district. The plaintiff, a 10th grader, was on the school track team. Her last class ended at 2:30 p.m. Between 2:30 p.m. and 10 p.m., the public could…
In Silva v. Langford, ordered published June 9, 2022, the Second District Court of Appeal, Division 7 affirmed in part and reversed in part a trial court's dismissal of a lawsuit after demurrer. The operative First Amended Complaint alleged that in the early morning hours an Uber driver pulled into the Number One lane on the…