The trial court denied a group’s petition for writ of mandate to vacate certification of an environmental impact report [EIR]. Petitioners claimed the City wrongly defined the project to exclude the pending residential and commercial development on an adjacent property, and that the project is interrelated with the City’s development of a park. The appellate […]
Statute Of Limitations On Federal Habeas Petition Does Not Apply In Face Of A Credible Claim Of Actual Innocence.
Under the Antiterrorism and Effective Death Penalty Act of 1996 [28 U.S.C. §2241, ff.] a federal petition for habeas corpus must generally be filed within one year from the date that direct review becomes final. (Check the statute for certain exceptions.) But in an en banc opinion, the 9th Circuit ruled that where the petitioner […]
Shooting With Gun Instead Of Taser.
Police officer shot and killed an arrestee believing a Glock semiautomatic pistol was a stun gun. The deceased’s family filed suit under 42 U.S.C. §1983 and the trial court granted summary judgment. Both weapons were black, of similar size and weight and placed closely on the holster. Once before the fatal shooting, the officer mistakenly […]
Government Tort Claim Delivery Requirement Strictly Construed.
After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is […]
No Medical Evidence Supports Denial Of Benefits By Railroad Retirement Board.
The United States Railroad Retirement Board denied an application for benefits under the Railroad Retirement Act [45 U.S.C. §231a] which provides an annuity for disabled children of railroad workers. To qualify for benefits, the child must have been disabled prior to the age of 22 and remained continuously disabled through the time of the application […]
County Must Disclose Billing Records Relating To Attorney Fees Charged For Defending County.
A lawyer requested documents under the California Public Records Act [CPRA, Government Code §6250 et seq.], and the County argued the records were not subject to disclosure because they were attorney-client communications, they were attorney-work product and they were exempt under the CPRA’s pending litigation exemption [§6254(b)]. After ordering the County to redact certain portions […]
Wallscape Advertising In Place Since 1984 Olympics Approved By City, But, Violates State Law.
L.A. building, purchased in 1999, had 8,000 square feet of advertising space on its side. Permits from the City were located at the time of purchase, but no investigation was done to determine whether there were state-issued permits. The Department of Transportation [Caltrans] found the wallscape to be in violation of the Outdoor Advertising Act […]
In Good Times And In Bad Times.
A union brought action against a city, alleging the city retracted its promise to pay 50 percent of its employees’ medical insurance premiums after retirement. The trial court sustained a demurrer without leave to amend the petition for writ of mandate. Applying the California Supreme Court’s 2011 opinion in Retired Employees Assn. of Orange County […]
Dismissal For Failing To Date Governmental Claim Reversed.
Plaintiff was injured while exiting a bus. In her complaint, she alleged: “On January 15, 2010, Plaintiff filed a timely claim complying with the required claims statute. On or about January 19, 2010, a [Transit District] representative called Plaintiff’s representatives stating there was no date on the claim and requested that date of the incident […]
Plaintiff, Released After 19 Years In Prison, Given Leave To Amend To Allege Coerced Confession In Violation Of His Fifth Amendment Rights.
Plaintiff was 18 in 1984 when he witnessed a drive-by shooting. Under police protection for months, he testified for the prosecution. During those months, plaintiff formed a friendship with a detective who became a father figure to him. The next year, plaintiff and other neighbors gathered to watch police activity when two people in the […]