California Case Summaries
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California

2nd District Court of Appeal, Division One
Uncategorized

Fix the City v. City of Los Angeles — Mayor Bass’s Local Housing/Homelessness Emergency Declaration Was Authorized by City Code and Not Preempted by State Emergency Services Act

Second District affirms denial of a writ challenge to Los Angeles Mayor Karen Bass’s 2023 housing-and-homelessness emergency declaration, holding section 8.33 of the Los Angeles Administrative Code is not preempted by the California Emergency Services Act.

2nd District Court of Appeal, Division One
Uncategorized

Jogani v. Jogani — $6.85 Billion Verdict in Brothers’ Real-Estate Partnership Suit Conditionally Affirmed; Lost-Profits Expert Testimony Excluded

Second District conditionally affirms a $6.85 billion verdict in a five-month trial over the Jogani brothers’ real-estate partnership, but orders a remittitur because Shashi Jogani’s damages expert testified to an undisclosed lost-profits opinion exceeding $1.9 billion.

2nd District Court of Appeal, Division One
Uncategorized

In re Lynex — Racial Justice Act Petitioner Entitled to Counsel on a ‘Plausible Allegation’ Standard, Not a Prima Facie Showing

Second District grants writ of mandate, holding that an indigent petitioner under California’s Racial Justice Act must show only a ‘plausible allegation’ of a violation to obtain counsel — not a prima facie showing of entitlement to relief — and may amend his petition to meet that

2nd District Court of Appeal, Division One
Uncategorized

People v. Heaps — UCLA Gynecologist’s Convictions Reversed Where Trial Court’s Ex Parte Communications With Jury Deprived Defendant of Counsel

Second District reverses convictions of former UCLA gynecologic oncologist James Heaps, holding the trial court’s ex parte communications with the jury through a judicial assistant — without notifying counsel — deprived defendant of counsel at a critical stage and the prosecution failed to pro

2nd District Court of Appeal, Division One
Uncategorized

Matthews v. Ryan — Section 998 Settlement Offer Conditioned on Insurer Consent Was Valid; Trial Court Must Reconsider Prejudgment Interest

Second District holds a personal-injury plaintiff’s pretrial settlement offer conditioned on the defendant’s insurer’s consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated

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