Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]
Developer Dilemma.
As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]
Group Homes? Not In My Back Yard.
“One of the wealthiest cities in the United States” passed an ordinance “which prohibits new group homes in most residential areas, requires existing group homes in those areas to submit to a burdensome permit process, and subjects those seeking to establish group homes in the limited areas in which they are permitted to operate to the […]
Ongoing And Gradual Earth Movement Does Not Result In Lot Line Displacements.
In 1956, road construction by Los Angeles County in a then unincorporated area of the Palos Verdes Hills known as Portugese Bend accidentally reactivated a sub-surface prehistoric slide area. That incident sent just under one square mile of hillside property on an ongoing, slow-motion, downhill journey that inexorably leads to a bluff overlooking the Pacific Ocean. […]
Exhaust Your Administrative Remedies. Or Else, Where There’s Smoking, There’s Firing.
Plaintiff worked for the State of California and the California Assembly. He complained to his supervisor that another supervisor was smoking inside the working premises. Two weeks later, plaintiff was fired. Plaintiff brought an action for retaliatory discharge, and defendants demurred, arguing the court lacked jurisdiction because plaintiff failed to exhaust his administrative remedies pursuant to […]
In Attorney Disciplinary Action, Trial Court Lacked Subject Matter Jurisdiction, But Ordered Sanctions.
A member of the State Bar sought to vacate a stipulation she had entered with the State Bar regarding two attorney disciplinary actions against her. The State Bar filed a special motion to strike under Code of Civil Procedure section 425.16 [antiSLAPP statute], which the superior court granted, along with $2,575.04 in sanctions against the lawyer. […]
On Dangerous Condition Of Public Property Claim County Granted Summary Judgment.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based […]
Marijuana Conversion Action Against County Thrown Out.
Sheriff’s deputies seized and destroyed approximately 1,500 pounds of marijuana under cultivation in a remote area of Humboldt County. Plaintiffs each has a written physician’s recommendation for up to two ounces of marijuana per day, sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure […]
U.S. Not “Substantially Justified” In Denying Social Security Claim, So Plaintiff Awarded Fees And Costs.
In an action for Social Security disability benefits, the government prevailed at the administrative and trial court levels, but the claimant prevailed before the Ninth Circuit. The claimant then requested attorney fees and costs from the district court, but the court denied them after finding the government’s position was substantially justified in that it prevailed in […]
Names Of Police Officers Involved In Pepper Spraying Incident Ordered Released.
A labor union representing University of California police officers filed a petition for writ of mandate from a trial court order requiring the release of unredacted reports containing the names of UC police officers under the California Public Records Act [CPRA; Government Code section 6250], to the Los Angeles Times and Sacramento Bee. The reports concern […]
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