In Aids Healthcare Foundation v. City of Los Angeles (CH Palladium, LLC), published June 15, 2020, the Second District Court of Appeal, Division 3 affirmed dismissal, after demurrer, of a suit against the defendant city for allegedly violating the federal Fair Housing Act and the state Fair Employment and Housing Act. The plaintiff alleged that the…
In Kon v. City of Los Angeles, published June 1, 2020, the Second District Court of Appeal, Division 8 reversed an order dismissing the plaintiff's suit. The plaintiff alleged that a police officer accused him of speeding, tackled the plaintiff while he was on the phone, put his knee in the plaintiff's back while the plaintiff…
In Sandoval v. City of Santa Rosa, published December 21, 2018, the 9th Circuit affirmed a district court's summary judgment rulings for plaintiffs and defendants in a case brought by two drivers whose vehicles were impounded by a defendant city or defendant county because the drivers had current or expired Mexican driver's licenses (and passengers with…
In Scott v. County of San Bernardino, published September 10, 2018, the 9th Circuit affirmed summary judgment granted to the plaintiffs, three middle-school students. The three students, 12- and 13-year-old girls, went to school officials to talk about another student's bullying and threats toward them. A school administrator asked one of the defendants, a deputy who…
In B.B. v. County of Los Angeles, partially published on July 10, 2018 and modified on July 12, 2018, the Second District Court of Appeal, Division 3 affirmed in part and reversed in part a judgment against the defendant county and its deputies in a case in which a suspect passed away after deputy use of…
In Vos v. City of Newport Beach, pubilshed June 11, 2018, a divided panel of the 9th Circuit Court of Appeals affirmed in part and reversed in part summary judgment granted to a city and two of its police officers in a police shooting case. Because the undersigned's firm represented the defendants in the case, the…
In Rodriguez v. County, published May 30, 2018, the 9th Circuit affirmed judgment in favor of the plaintiffs after a jury trial in a lawsuit under 42 U.S.C. section 1983 and Civil Code section 52.1. The jury found that deputy defendants violated the Eighth Amendment by their use of force on inmates during cell extractions, including…
In Reese v. County of Sacramento, published April 23, 2018, the 9th Circuit Court of Appeals affirmed a district court's post-verdict order granting judgment as a matter of law on a 42 U.S.C. section 1983 claim under the Fourth Amendment, but reversed its sua sponte grant of summary judgment on a Civil Code section 52.1 Bane…
In Smith v. City of Santa Clara, published November 30, 2017, the 9th Circuit affirmed a judgment after jury verdict in favor of the defendant city and its police officers who conducted a warrantless search of a duplex in which the plaintiff resided, over the plaintiff's protests. The police had probable cause to believe that the…
In Cornell v. City and County of San Francisco, published November 16, 2017 and modified November 17, 2017, the First District Court of Appeal, Division 4, affirmed a jury verdict in favor of an off-duty trainee police officer who sued San Francisco and four police officers for the plaintiff's arrest and detention in jail, and the…