In Andrews v. Metropolitan Transit System, published January 31, 2022, the Fourth District Court of Appeal, Division 1 reversed summary judgment granted to the defendant agency based on the statute of limitations. The claimant presented a claim to the agency, seeking damages for personal injuries. The claim listed the claimant's attorney as the contact to whom…
In Cavey v. Tualla, published September 24, 2021, the Fifth District Court of Appeal reversed the dismissal of a personal injury lawsuit against a public entity after demurrer. In May 2017, the plaintiff was a passenger hit by a truck driven by the defendant employee of a school district and owned by the district. After the…
In Holman v. County of Butte, ordered published August 25, 2021, the Third Appellate District reversed the dismissal of a case on demurrer. The plaintiff alleged that the defendant county, its Health and Human Services Department, and its Sheriff's Office negligently failed to perform mandatory duties related to investigating and reporting allegations of child abuse the…
In Shalabi v. City of Fontana, published July 12, 2021, the California Supreme Court affirmed a lower appellate court's decision that a 42 U.S.C. section 1983 lawsuit against the defendant city was filed within the statute of limitations. The plaintiff alleged that on May 14, 2011, a city police officer wrongfully shot and killed the…
In Sales v. City of Tustin, published June 8, 2021, the Fourth District Court of Appeal, Division 3 reversed summary judgment in favor of the defendant city, granted based on the statute of limitations. Plaintiff alleges her decedent fled an improper detention, was chased into traffic, and was killed. On the last day to file a…
In Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire Protection District (County of San Diego), published March 30, 2021, the Fourth District Court of Appeal, Division 1 affirmed a judgment against the petitioner association in a Brown Act lawsuit. The association provided fire prevention and emergency services through a local fire district. The district voted to…
In Lockett v. County of Los Angeles, published October 2, 2020, the 9th Circuit, ruling on an interlocutory appeal, affirmed denial of a motion to dismiss a Monell claim in a 42 U.S.C. section 1983 case on statute of limitations grounds. On January 1, 2016, officers from the defendant county arrested the plaintiff. The plaintiff alleges the…
In Granny Purps, Inc. v. County of Santa Cruz, published August 5, 2020, the Sixth District Court of Appeal affirmed in part and reversed in part a trial court's dismissal of a lawsuit after an order sustaining a demurrer. The county's ordinance limited cultivation of medical marijuana to 99 plants. The plaintiff corporation's marijuana dispensary was…
In Saint Francis Memorial Hospital v. State Department of Public Health, published June 29, 2020, the California Supreme Court reversed dismissal of an administrative mandamus petition after demurrer. The petitioner hospital administratively challenged a fine. The state served the hospital with its final decision upholding the fine. Two weeks later, the hospital filed a request for…
In Alford v. County of Los Angeles, published July 1, 2020, the Second District Court of Appeal, Division 8 reversed a trial court's grant of summary judgment based on the statute of limitations. An agency of the respondent county served a notice of an administrative decision that both stated that the decision was final, and that…