In St. Clair v. County of Okanogan, published September 23, 2025, the 9th Circuit Court of Appeals reversed dismissal of a 42 U.S.C. section 1983 case at the pleading stage. The plaintiff alleged that a defendant sheriff’s deputy and detective took advantage of the plaintiff’s drug addiction and involvement in criminal activity to coerce her…
In K.C. v. County of Merced, published March 11, 2025, the Fifth District Court of Appeal affirmed dismissal of the plaintiff's action after demurrer. The plaintiff alleged that she was sexually abused and assaulted while in two foster care placements between 1971 and 1977. The plaintiff alleged she repeatedly reported the sexual abuse at the first…
In Thomas v. County of Humboldt, published December 30, 2024, the 9th Circuit Court of Appeals affirmed in part and reversed in part the district court's dismissal of a class action under 42 U.S.C. section 1983 challenging fines for illegal cultivation of cannabis. Under the county code, illegal cultivation can carry daily fines of $6,000…
In Campbell v. Los Angeles Unified School Dist., ordered published May 21, 2024, the Second District Court of Appeal, Division 8 affirmed the dismissal of an employment lawsuit on demurrer. In 2021, the plaintiff sued her former employer over events leading to her 2017 dismissal. She alleged that the school district employer racially discriminated against her,…
In Shah v. Department of Resources, published June 15, 2023, the 3rd District Court of Appeal affirmed a trial court decision sustained a demurrer without leave to amend and dismissing the action as barred by the statute of limitations. California's Employee Suggestion Program awarded employees cash awards for suggestions that saved the state money. The…
In Feliz v. County of Orange, published May 19, 2023, the Fourth District Court of Appeal, Division 3 affirmed the dismissal, after demurrer, of the plaintiff's lawsuit. In August 2010, the plaintiff's decedent committed suicide in a county jail. The plaintiff presented a timely claim to the county, which was denied by operation of law. In…
In Reed v. Goertz, published April 19, 2022, a divided U.S. Supreme Court reversed dismissal of the plaintiff's 42 U.S.C. section 1983 lawsuit on statute of limitations grounds. The plaintiff was convicted of murder. He moved under Texas's post-conviction DNA testing law for DNA testing on certain evidence. The state court denied the motion as to…
In Carillo v. County of Santa Clara, published March 13, 2023, the Second District Court of Appeal, Division 4 affirmed dismissal of a medical malpractice suit after demurrer was sustained. The plaintiff alleged that in December 17, 2017, when he was in the custody of the defendant county’s department of corrections, his right foot was…
In Kernan v. Regents of the University of California, ordered published September 20, 2022, the First District Court of Appeal, Division 4 reversed summary judgment for the defendant Regents. On November 4, 2016, the plaintiff went to the defendants' hospital for a procedure to rotate her healthy fetus to a head-first position. There was no indication…
In Simms v. Bear Valley Community Health Care District, published June 28, 2022, the Fourth District Court of Appeal, Division 2 reversed an order denying a Government Code section 946.6 petition for relief from the claim requirements and dismissing the case. The respondent is a local health care district. On December 8, 2017, the plaintiff…