A Rape victim sued her perpetrator and his mother under a fictitious name alleging fraudulent transfers after she obtained a civil judgment. She verified discovery responses using the fictitious name and the trial court granted motions ordering further discovery responses, using her true name. The Court of Appeal reversed. Code Civ. Proc. §2015.5 requires that declarations […]
Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.
A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim a photographic lineup which included the suspect, and that the victim circled the suspect’s photo […]
Jurors Were Not Asked “Is This Your Verdict?”
In a criminal case, the jury advised the bailiff a verdict had been reached. Once all were assembled in the courtroom, the court asked: “And ladies and gentlemen, I understand you’ve reached a verdict. Who is the foreperson?” A juror responded: “Yes sir.” The court asked the juror to hand the verdict forms to the deputy, […]
Court Acted Within Its Discretion In Renewing Restraining Order At The End Of Three Years.
In 2008, the superior court issued a three-year restraining order against defendant/appellant. At the end of the three years, the plaintiff/respondent requested a renewal of the restraining order, and defendant/appellant opposed the request. In 2011, the court renewed the order, this time until 2016. The appellate court affirmed the order of the trial court, noting that […]
Only Three (3) Grounds For Custodial Arrest For An Infraction.
Plaintiff was standing inside a playground surrounded by a fence that had “No Trespassing” signs posted at every entrance. Two police officers arrested him for trespassing and took him to the police station where he was cited for trespass and released. Later plaintiff filed an action against the police officers and the city for violating 42 […]
County Not Responsible On Civil Rights Violations For Fake Letters Written By Its Employee For Personal Reasons.
A correctional officer accessed information about various jail inmates and wrote fake letters to those inmates, signing the name of another inmate who had brought a personal injury lawsuit against the correctional officer. The inmate whose name was used in the letters brought a lawsuit against the county for the actions of the correctional officer, a […]
Teacher Accused Of Molestation To Keep His Job.
Two different mothers of third graders complained a male teacher inappropriately touched their daughters. After three criminal trials on molestation charges, he was sentenced to seven concurrent 15-year-to-life prison terms. His convictions were reversed, and the prosecutor declined to retry him. The school district notified him he was terminated due to engaging in lewd and lascivious […]
A “Search” Within The Meaning Of The Fourth Amendment Includes Using A Drug-Sniffing Dog On A Homeowner’s Porch.
Police received a tip that marijuana was being grown in a home. A surveillance team went to the home and watched it for 15 minutes. Seeing no activity, a detective and a trained dog handler with his drug-sniffing dog approached the home. The dog had been trained to detect the scent of marijuana, cocaine, heroin and […]
First Amendment Rights: Plaintiff Talked Himself Into Jail, And The Officer Talked Himself Into A Lawsuit.
In a per curiam opinion, the Ninth Circuit reversed the grant of summary judgment to a police department in Washington and against the plaintiff, who was arrested, and later acquitted of violating a noise ordinance. On the way to the station, the plaintiff asked the officer why he was being arrested, and the officer responded: “The […]
Officer Should Have Clarified Woman’s Chemical Test Admonition Rights.
A woman was arrested by the CHP when officers found her car stopped on a highway facing westbound in the eastbound lanes with an odor of alcohol on her breath, bloodshot and watery eyes, slurred speech and an unsteady gait. She refused to take a breath test at the scene. At the station, she was read […]
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