California’s Second District Court of Appeal holds that a plaintiff who sues a public entity before the 45-day claims-response period expires cannot cure the defect by voluntarily dismissing and refiling after the claim is denied.
The Second District Court of Appeal reversed denial of arbitration in a lemon law case, holding that the plaintiff failed to dispute the existence of arbitration agreements in both the lease and the manufacturer’s warranty booklet.
California appellate court holds that a nonsignatory defendant cannot compel arbitration by relying on generic boilerplate agency allegations in an unverified complaint as judicial admissions.
California appellate court reverses juvenile’s commitment to a Secure Youth Treatment Facility because the minor’s most recent offense by date was not a qualifying crime under section 707(b).
The Second District affirmed summary judgment for the City of Long Beach in an e-scooter sidewalk injury case, holding that amended interrogatory responses don’t automatically create triable issues and that the Sweetwater rule for anti-SLAPP evidence does not extend to summary judgment.
Second District reverses $19,285 in sanctions because the movant’s notice of motion lacked a hearing date, holding that LA County’s electronic filing system does not excuse noncompliance with section 128.7’s mandatory safe harbor provisions.
Second District affirms summary judgment for LAUSD in a COVID-19 vaccine mandate challenge after school safety officers forfeited their appeal by failing to cite any record evidence in their opening brief.
The Second District holds that hearsay testimony from a preliminary hearing is admissible at a section 1172.6 evidentiary hearing if it qualifies as a declaration against penal interest — affirming denial of a gang-shooting resentencing petition.
Second District reverses summary judgment for malicious prosecution defendant, holding that an English-language declaration purportedly reflecting the words of a witness who could not read or speak English is not competent evidence without attestation from a qualified interpreter or translator.
Second District holds that the seal on a California False Claims Act qui tam complaint lifts automatically after the statutory 60-day period absent a government request for extension, and that any seal violations are not grounds for sustaining a demurrer.
Second District affirms denial of an anti-SLAPP motion in a family corporation dispute and reaffirms that orders denying related attorney fee motions are not separately appealable, deepening a split with other appellate divisions.