In Willis v. City of Carlsbad, published May 12, 2020, the Fourth District Court of Appeal, Division 1 affirmed a judgment after jury trial in favor of the defendant city. The plaintiff, a city police officer, reported perceived misconduct in 2012. In 2013, after the report was revealed, he was reassigned from a crimes of…
In County of El Dorado v. Superior Court (Austin), ordered published November 26, 2019, the Third District Court of Appeal denied denied the county's petition for a writ reversing the trial court's decision overruling the county's demurrer. The plaintiffs sued the county to recover development impact fees under the Mitigation Fee Act (Gov. Code, § 66000…
In County of El Dorado v. Superior Court (Austin), published October 30, 2019, the Third District Court of Appeal declined to grant a writ disturbing a trial court decision overruling the petitioner county's demurrer in a case seeking developmental impact fees under the Mitigation Fee Act for the county's alleged failure to make findings justifying continuing…
AB 9, signed into law on October 10, 2019 and taking effect in 2020, extends the time for an employee suing for employment discrimination in violation of the Fair Employment and Housing Act to present a complaint to the DFEH from one year from accrual to three years. The amendment provides that it does not…
On October 13, 2019, the Governor signed into law AB 128, which makes significant changes in both the statute of limitations for claims for childhood sexual assault, and the status of lawsuits against public entities for childhood sexual assault that were previously barred by the Government Claims Act. The new laws go into effect January…
In McDonough v. Smith, published June 20, 2019, the U.S. Supreme Court reversed a district court's decision that a plaintiff's claim under 42 U.S.C. section 1983 for prosecution based on fabricated evidence was time-barred. The plaintiff, a commissioner of a county board of elections, processed forged ballots. He alleges he was unaware the ballots were forged. …
In Shalabi v. City of Fontana, published May 21, 2019, the Fourth District Court of Appeal, Division 2 reversed a judgment against the plaintiff after a bench trial. The plaintiff sued a police officer under 42 U.S.C. section 1983 for allegedly wrongfully shooting and killing the plaintiff's father when plaintiff was a minor. The plaintiff turned…
In Mills v. City of Covina, published April 24, 2019, the 9th Circuit Court of Appeals affirmed a district court's dismissal of a plaintiff's 42 U.S.C. section 1983 lawsuit. In 2013, the plaintiff was stopped and searched. Incriminating evidence was found in his car. In the criminal prosecution against him, the plaintiff moved to suppress the…
In Last Frontier Healthcare District v. Superior Court (Harper), published March 26, 2019, the Third District Court of Appeal issued a writ reversing a trial court order granting a Government Code section 946.6 petition for late claim relief. The plaintiff had surgery on February 17, 2017 at the Modoc Medical Center. She alleges the surgery was…