Justia California Court of Appeals Opinion Summaries

Articles Posted in Civil Procedure
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Former psychologist at Ironwood State Prison (Ironwood), John Doe, sued his former employer, the California Department of Corrections and Rehabilitation (CDCR), under the California Fair Employment and Housing Act (FEHA) alleging discrimination, retaliation, and harassment based on disability. Doe also alleged CDCR violated FEHA by failing to accommodate his two disabilities, asthma and dyslexia, by relocating him to a cleaner and quieter office and providing him with requested computer equipment. Finding no triable issues of material fact, the trial court granted summary judgment in favor of CDCR. Finding no reversible error in that judgment, the Court of Appeal affirmed. View "Doe v. Dept. of Corrections and Rehabilitation" on Justia Law

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Shareholder derivative lawsuits were filed against PG&E’s management regarding the 2010 San Bruno pipeline explosion were consolidated and resolved by a settlement agreement that provided for settling plaintiffs’ counsel to be paid in the aggregate $25 million in attorney fees and $500,000 in costs. A settling plaintiff (Sender) challenged the court’s allocation determination. The court of appeal dismissed the appeal. Sender waived his right to appeal the trial court’s allocation decision by express agreement in the stipulation of settlement. The operative settlement agreement unequivocally deems the trial court’s allocation determination to be final and not subject to appellate review. View "In re: Pacific Gas & Electric "San Bruno Fire" Cases" on Justia Law

Posted in: Civil Procedure
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Defendant the City of Sacramento (City) approved and adopted a 2035 General Plan in March 2015. At the same time, the City certified the environmental impact report (EIR) for the 2035 General Plan in accordance with the California Environmental Quality Act. Plaintiff Citizens for Positive Growth & Preservation (Citizens) filed a petition for writ of mandate and injunctive relief and a complaint for declaratory relief (petition) against the City and its city council seeking to set aside both administrative actions. The trial court denied the petition, upholding both actions; Citizens appealed, challenging the validity of the 2035 General Plan and the EIR. It contends the Court of Appeal should vacate the trial court’s ruling regarding the 2035 General Plan and order the City to rescind its approval thereof because a sentence in the introductory paragraph violated and conflicted with state planning laws. Citizens also argued the Court should do the same as to the EIR because the City’s analyses pertaining to traffic, greenhouse gas emissions, air quality, cyclist safety, and the “no project” alternative failed to comply with CEQA, and the City was required to recirculate the EIR after releasing substantial supplemental changes shortly before the city council’s public hearing. Finding no merit in Citizens’s arguments, the Court of Appeal affirmed. View "Citizens for Positive Growth & Preservation v. City of Sacramento" on Justia Law

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The Social Services Agency alleged that the children were exposed to domestic violence and substance abuse. The court declared the minors to be juvenile court dependents, removed them from parents’ care, and ordered reunification services. The Agency recommended termination of reunification and referral for selection of a permanent plan. The matter was set for a contested hearing. The parents' attorneys moved to compel discovery, seeking an order that copies of discovery be provided by the Agency to both parents at no cost. The Agency refused, arguing that it had fulfilled its discovery obligations by making discovery available for inspection in accordance with its usual protocol. Parents’ counsel was allowed to take pictures of documents or to otherwise copy them using their own supplies without charge. The Agency argued that requiring it to provide free discovery would violate separation of powers principles and constitute a gift of public funds. The juvenile court denied the motion, to avoid “acting in excess of its authority.”The court of appeal reversed. While no court rule, statute, or constitutional principle requires the order sought by parents, should a circumstance arise where an indigent parent’s meaningful access to the judicial process is impaired by discovery requirements, the juvenile court has the authority to fix the time, place, and manner of discovery upon terms and conditions as will serve the ends of justice. The court remanded to allow the court to exercise its discretion to decide whether any further discovery order is necessary in this case. View "In re William M.W." on Justia Law

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Appellant, Yolo County (County), appealed an order granting respondent’s, American Surety Company, motion to set aside the summary judgment and exonerate bail. The State charged defendant Francisco Estrella with numerous felony offenses, including assault with a deadly weapon and shooting at an inhabited dwelling with gang and firearm use enhancements. The trial court set bail at $190,000. On March 25, 2016, American Surety, through its agent Bail Hotline Bail Bonds, posted bond for Estrella’s release. Between March 25 and August 31, Estrella appeared at four hearings, April 11, May 18, June 9, and August 17. Defendant was not present in court on the morning of August 31. The acting public defender was unsure why defendant was not in court, and indicated she thought it was a misunderstanding because defendant had appeared at all his other hearings. The State did not object to the trial court finding sufficient excuse; Department 8 found sufficient cause to not forfeit the bond and set the matter for hearing on September 14 in Department 13. Defendant failed to appear at the September 14 hearing and the trial court ordered the bond forfeited. After American Surety’s efforts to return defendant to court and exonerate bail were unsuccessful, the trial court entered summary judgment. American Surety filed a motion in Department 13 to set aside the summary judgment, discharge forfeiture and exonerate bail. American Surety argued the court lost jurisdiction over the bond when it did not declare an immediate forfeiture of the bond when Estrella did not appear in court on August 31. The County argued Department 8 correctly exercised its discretion under Penal Code section 1305.1 finding, based on counsel’s representations, there might be sufficient excuse for defendant’s failure to appear. Thus, the trial court retained jurisdiction to declare the bond forfeited when defendant failed to appear two weeks later. Accordingly, the County argues Department 13 erred in finding the trial court (Department 8) lacked jurisdiction to forfeit the bond. The Court of Appeal found Department 13 erred in setting aside the summary judgment. Department 8 did not abuse its discretion under Penal Code section 1305.1 to continue the case for a reasonable period of time to enable defendant to appear without ordering a forfeiture of bail. The Court reversed the order and reinstated the summary judgment. View "County of Yolo v. American Surety Co." on Justia Law

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Sally Loeb sued the County of San Diego (County) for personal injuries she allegedly sustained when she tripped on an uneven concrete pathway in a County park. The County filed successive motions for summary judgment based on a "trail immunity" defense, which provided absolute immunity to public entities for injuries sustained on public trails that provide access to, or are used for, recreational activities. The trial court denied these motions, finding disputed facts existed regarding whether the pathway was used for recreational purposes. But when Loeb conceded during argument over the proposed special verdict forms that the pathway was used, at least in part, for recreational purposes, the trial court granted a nonsuit in the County's favor. Loeb contended the trial court erred procedurally and substantively. Finding no reversible error in the grant of a nonsuit, the Court of Appeal affirmed. View "Loeb v. County of San Diego" on Justia Law

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Stephen Taylor was convicted by jury of numerous sex offenses against his adopted daughters, Jane Doe 1 and Jane Doe 2. In total, the jury convicted him on 12 counts. The trial court sentenced him to prison for a one-year determinate term and an aggregate indeterminate term of 165 years to life. On appeal, Taylor argued the trial court erred by admitting expert testimony on child sexual abuse accommodation syndrome, and instructing the jurors that they could use that evidence to evaluate the victims’ credibility. He also claimed the court made several sentencing errors: (1) by imposing two indeterminate terms under the former “One Strike” law for two offenses that occurred during a single occasion; (2) by imposing multiple punishments for four counts of aggravated sexual assault and four counts of lewd acts arising from the same facts; and (3) by imposing a restitution fine and court operations and facilities fees without an ability to pay hearing. The Court of Appeal agreed that the court erred by imposing multiple punishments on four counts of aggravated sexual assault (counts 1 through 4) and four counts of forcible lewd acts (counts 5 through 8) that arose from the same conduct. Accordingly, Taylor’s sentence was stayed on counts 5 through 8. The Court also agreed the court should hold an ability to pay hearing, at least as to the court operations and facilities fees. Therefore, the Court reversed the order imposing those fees and remanded for a hearing on Taylor’s ability to pay them. As to the restitution fine, Taylor forfeited his contention. The Court otherwise rejected Taylor’s arguments and affirmed. View "Holden v. City of San Diego" on Justia Law

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During their marriage, Wong held a 48.5 percent interest and Tang held an 11 percent interest in Asian Square, which owns San Jose’s Grand Century Mall. Their divorce judgment provided that Wong would transfer to Tang all of his interest in Asian Square subject to all liabilities. “If either party has incurred ... any liability not disclosed … on which the other is or may become personally liable or that could be enforced at any time against an asset held or to be received under this agreement… that warrantor will fully indemnify the other with respect to the obligation, including… attorney fees, and related costs.” Both died in 2013. The Tang Estate obtained a probate court order to effect the transfer. In 2014, Asian Square received a “Notice of Default” based on a $ 5 million promissory note. Asian Square paid off the loan and sued the Wong Estate to recoup the money, alleging that the loan proceeds were “appropriated, in full, by [Wong] for his own personal benefit.” The Wong Estate obtained a dismissal that was subsequently reversed. Meanwhile, the Wong Estate filed suit, seeking indemnification. The Tang Estate filed an anti-SLAPP motion (Code of Civil Procedure 425.16) to strike the complaint. The trial court denied the motion, holding that the lawsuit did not arise from protected activity, without addressing whether the Wong claims had merit. The court of appeal affirmed. The Wong claims for indemnity do not arise from Tang’s protected activity in relation to the litigation. View "Wong v. Wong" on Justia Law

Posted in: Civil Procedure
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In 2002 or 2003, Sonoma County authorized increased pension benefits for County employees, pursuant to a settlement of employee lawsuits alleging past miscalculation of retirement benefits. In doing so, the County failed to comply with state laws requiring local legislative bodies to obtain an actuarial statement of the future annual costs of proposed pension increases and to make the future annual costs public at a public meeting, before authorizing the pension increases, Gov. Code 7507, 23026, 31515.5, 31516. In 2017, Plaintiff, a county resident and taxpayer filed a mandamus petition, alleging those violations and seeking to enjoin payment of the increased pension benefits. The trial court dismissed, finding the claim barred by the statute of limitations. The court of appeal affirmed., holding that the continuous accrual doctrine does not trigger a new limitations period every time retirement benefits are paid pursuant to the increased pension benefits approved in 2002 and 2003. Neither delayed discovery nor estoppel applies to toll the statute of limitations. View "Luke v. Sonoma County" on Justia Law

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In 1997 the Water District sued to adjudicate rights in the Santa Maria Valley Groundwater Basin. Landowners (primarily farmers) filed cross-complaints, seeking to quiet title to their overlying rights. In a previous appeal, the court directed the trial court to quiet title to the Landowners’ overlying rights to native groundwater as having priority over the other rights, less the perfected prescriptive rights public water producers (who pump water for municipal and industrial use). The court later held that quantification of the proportionate prescriptive loss attributable to each of the landowners’ parcels was unnecessary and that the quiet title judgment was not illusory. The trial court then denied the Landowners’ motion to clarify that the amended judgment protects their overlying rights from future prescription The court of appeal reversed the denial on the merits, finding that the issue was not ripe. The resolution of the issue would require speculation about hypothetical situations in which the public water producers attempt to prescript against the Landowners’ rights. There is no specific fact scenario or evidence for review. The Landowners have not demonstrated that they will suffer hardship without an immediate decision; there is no evidence of an overdraft or of any asserted claims of prescription. View "City of Santa Maria v. Adam" on Justia Law