In Nasby v. State of Nevada, published August 18, 2023, the 9th Circuit Court of Appeals affirmed summary judgment in favor of state prison officials in a prisoner's lawsuit under 42 U.S.C. section 1983 alleging denial of 1st Amendment rights. The prisoner, convicted of first-degree murder, was housed in a lockdown unit of a state prison…
In Cerletti v. Newsom, published November 17, 2021, the Second District Court of Appeal, Division 5 dismissed an appeal from denial of a temporary restraining order against government spending in connection with a one-time benefit program as moot. In April 2020, Governor Newsom established a $75 million Disaster Relief Fund to support undocumented Californians impacted by…
In Uzuegbunam v. Presczewski, published March 8, 2021, the U.S. Supreme Court reversed a circuit court decision that a plaintiff could not maintain standing in a lawsuit alleging violation of the right to free speech. A student of a public university was told that even though he had a permit to speak in a designated speaking…
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 Sierra Palms Homeowners Association v. Metro Gold Line Foothill Extension Construction Authority, published January 29, 2018, the Second District Court of Appeal, Division 7 reversed the dismissal after demurrer of a homeowner's association's suit against a public transit entity. The homeowners association sued the Authority for allegedly interfering with the homeowners' quiet enjoyment and damaging…
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 Kirola v. City and County of San Francisco, published June 22, 2017, the 9th Circuit affirmed in part and reversed in part a district court's decision after a bench trial in a Title II ADA class action challenging access to the disabled for San Francisco's sidewalks, libraries, pools, and parks. The district court ultimately decided…
In SJJC Aviation Services v. City of San Jose, ordered published June 20, 2017, the 6th District Court of Appeal affirmed the dismissal on demurrer of a trial court writ petition challenging the award of a lease for airport facilities. The defendant city issued a Request for Proposal that described the elements required for proposals. The…
In Weatherford v. City of San Rafael, published June 5, 2017, the California Supreme Court reversed and remanded a stipulated dismissal of a taxpayer's action under Code of Civil Procedure section 526a. The plaintiff sued a city and county for declaratory and injunctive relief, challenging the manner in which the defendants impounded autos. The lower courts…