In Meinhardt v. City of Sunnyvale, published July 29, 2024, the California Supreme Court reversed the judgment of a lower court of appeal dismissing an appeal as untimely. The petitioner police officer challenged his suspension by petitioning the trial court for a writ of administrative mandamus. After briefing and a hearing, the trial court entered an…
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 Voice of San Diego v. Superior Court (County of San Diego), published July 16, 2021, the Fourth District Court of Appeal, Division 1 declined to issue a writ of mandate disturbing a trial court's decision on a California Public Records Act petition. The petitioner news media organizations made a CPRA request for records showing the…
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 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 Schimd v. City and County of San Francisco, published February 1, 2021, the First District Court of Appeal, Division 4 affirmed dismissal after demurrer of a lawsuit brought by two San Francisco taxpayers challenging the administrative decision of the San Francisco Board of Appeals authorizing the removal of a bronze sculpture that was originally…
In New Livable California v. Association of Bay Area Governments, published January 6, 2021, the First District Court of Appeal, Division 3 reversed dismissal, on demurrer, of a petition for writ of mandate and an action for declaratory and injunctive relief. The plaintiff association alleged that the Association, a joint powers authority, violated the Brown Act…
In Malott v. Summerland Sanitary District, published October 19, 2020, the Second District Court of Appeal, Division 6 reversed a trial court judgment denying a petition for writ of administrative mandamus. The defendant district, which provides wastewater collection, noticed a public hearing on a service rate increase. The plaintiff, an apartment house owner, did not attend…
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 Hill RHF Housing Partners, L.P. v. City of Los Angeles, published June 29, 2020, the Second District Court of Appeal, Division 1 affirmed a trial court's decision denying petitions for writ of mandate and related declaratory and injunctive relief challenging the defendant city's establishment of two business improvement districts. Article XIII D of the California…