3rd District Court of Appeal

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Nuanmanee v. Superior Court — Court of Appeal Holds Defendant Was Not ‘Brought to Trial’ When Court Policy Prevented Jury Empanelment on Last Statutory Day

The Third District Court of Appeal granted a writ of mandate ordering dismissal of a misdemeanor DUI case after the trial court’s policy of not empaneling juries on Mondays prevented the defendant from being brought to trial on the last statutory day under Penal Code section 1382.

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People ex rel. Yolo-Solano Air Quality Management District v. Defty — Cross-Complaint Challenging Validity of Underlying Agency Policy Does Not Arise From Protected Activity for Anti-SLAPP Purposes

Third District affirms denial of anti-SLAPP motion to strike a cross-complaint challenging the validity of an air quality management district’s underlying interpretive policy, holding that the cross-complaint did not arise from the district’s protected enforcement activities.

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Department of Water Resources Cases — DWR may use precondemnation entry statutes to investigate properties without first authorizing or funding the underlying water project

Third District holds that the California Department of Water Resources may use the precondemnation entry statutes to investigate properties for a potential water conveyance project without first satisfying Water Code requirements for project authorization and funding.

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Wright v. WellQuest Elk Grove — California arbitration procedural rules apply by default; trial court properly refused to compel arbitration over wrongful death and elder neglect claims

Third District holds that a memory care facility’s selection of the FAA does not displace California’s section 1281.2(c) procedural provisions, allowing the trial court to deny arbitration of survivor and wrongful death claims based on the risk of conflicting rulings.

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