In County of Los Angeles Department of Public Health v. Superior Court (California Restaurant Assoc.), published March 1, 2021, the Second District Court of Appeal, Division 4 issued a peremptory writ of mandate directing a trial court to vacate an order. The petitioner county issued an order barring outdoor dining during a surge in the COVID-19…
In Hotop v. City of San Jose, published December 7, 2020, the 9th Circuit Court of Appeals affirmed a district court decision dismissing a 42 U.S.C. section 1983 lawsuit after the court offered plaintiffs a chance to amend their complaint and the plaintiffs chose to stand on their unamended pleading. The defendant city passed an ordinance…
In El Rovia Mobile Home Park, LLC v. City of El Monte, published April 23, 2020, the Second District Court of Appeal, Division 5 affirmed a trial court decision denying a writ of administrative mandamus challenging the defendant city's grant of a rent increase. Before 2012, the city did not control rent in its mobilehome parks. …
In El Rovia Mobile Home Park, LLC v. City of El Monte, published April 23, 2020, the Second District Court of Appeal, Division 5 affirmed a trial court decision denying a writ of administrative mandamus challenging the defendant city's grant of a rent increase. Before 2012, the city did not control rent in its mobilehome parks. …
In Citizens for Free Speech v. County of Alameda, published March 24, 2020, the 9th Circuit affirmed a district court decision dismissing a 42 U.S.C. section 1983 lawsuit based on Younger abstention, and awarding the defendant county attorney fees under 42 U.S.C. section 1988 on the ground the suit was frivolous. The plaintiff entered into an agreement…
In Pakdel v. City and County of San Francisco, published March 17, 2020, a divided panel of the 9th Circuit Court of Appeals affirmed dismissal of a challenge to a rental property conversion program as a regulatory taking. The defendant city instituted an expedited conversion program for permitting rental property owned by tenants-in-common to be converted…
in Hodges v. County of Placer, published October 29, 2019, the Third District Court of Appeal affirmed dismissal of a lawsuit after the trial court sustained a demurrer without leave to amend. The plaintiff is the general partner of a partnership that purchased real property and a home in which the plaintiff lived. The county sold…
In Nejadian v. County of Los Angeles, published October 1, 2019, the Second District Court of Appeal, Division 4, reversed a judgment after jury trial against the defendant county, and ordered judgment entered in the county's favor. The plaintiff, an Environmental Health Specialist, alleged that he was retaliated against for declining to allow home rebuilding plans…
In Friends of Spring Street v. Nevada City (Poe), ordered published April 4, 2019, the Third District Court of Appeal reversed a trial court decision denying costs and an award of attorney's fees under Code of Civil Procedure section 1021.5 to the petitioners. The respondent city's citizens voted for a zoning initiative repealing an earlier initiative…
In T-Mobile West LLC v. City and County of San Francisco, published April 4, 2019, the California Supreme Court affirmed trial and appellate court rulings denying the plaintiff cell phone carrier's facial challenge to a city ordinance conditioning permits for installation of wireless carrier lines and equipment in public rights of ways on aesthetic grounds. The…