Third District affirms mandatory dismissal under Code of Civil Procedure section 583.310, holding that a defendant’s failure to object when a trial date is set beyond the five-year (plus emergency-rule six-month) deadline does not amount to an oral stipulation to extend the deadline.
Fourth District affirms denial of writ relief in a Housing-Element Law challenge, holding that subsequent draft revisions made to obtain HCD certification need not be re-noticed for public hearing or readopted by the City Council.
The court denied a detainee plaintiff’s motion to proceed without paying the filing fee under the Prison Litigation Reform Act’s three-strikes rule and dismissed the complaint, citing more than 600 prior civil filings nationwide and dozens of prior dismissals for frivolousness or failure
Central District of California affirms a bankruptcy court order dismissing a state-court quiet-title suit against a Chapter 7 trustee, holding the trustee was entitled to quasi-judicial immunity for acts approved by the bankruptcy court — even though the Barton doctrine evaporated once the case was
Central District of California remands a Song-Beverly lemon-law suit as untimely removed, holding that a complaint pleading the vehicle’s purchase price and a demand for a civil penalty equal to twice actual damages plainly shows over $75,000 in controversy and starts the 30-day clock at service.
Central District of California remands a Chevrolet Silverado lemon-law suit as untimely removed, holding that the plaintiff’s initial disclosures — including the sales contract and repair orders — were an “other paper” that started the 30-day clock long before the manufacturer removed.
The California Supreme Court holds that requesters under the California Public Records Act can sometimes obtain declaratory relief even after the agency has produced everything responsive, but the statute does not impose a three-year duty to preserve records the agency has withheld as exempt.
First District reverses dismissal of a Brown Act suit, holding that plaintiffs adequately alleged the Berkeley City Council violated Government Code section 54957.9 by recessing disrupted meetings and reconvening them in a smaller room instead of clearing the original room and continuing in session
Second District affirms denial of a section 1172.6 murder-resentencing petition based in part on preliminary-hearing hearsay, but remands to give the petitioner 30 days to file an amended petition.
Second District holds an order denying a Penal Code section 1172.1 recall-and-resentencing petition is appealable, and reverses where the superior court applied an incorrect legal standard in deciding whether to resentence the petitioner.