Anthony Partners LLC v. Mici — First Department Addresses Commercial Dispute
The First Department addresses a commercial dispute between Anthony Partners LLC and Mici, ruling on the parties’ respective claims.
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Litigation
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Baker v. Bay Area Toll Authority — First District Affirms Dismissal of CEQA Challenge to Bay Bridge LED Art Installation
The California Court of Appeal, First District, affirms dismissal of a second CEQA challenge to the Bay Lights 360 LED art installation on the Bay Bridge, holding that a Caltrans encroachment permit did not create a new project or restart the statute of limitations, and that issue preclusion barred relitigation.
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Baker v. Bay Area Toll Authority — CEQA Challenge to Bay Bridge’s Bay Lights 360 LED Installation Is Time-Barred and Precluded
The First District affirms that a CEQA challenge to the Bay Bridge’s Bay Lights 360 LED installation is time-barred, holding that a subsequent Caltrans encroachment permit does not create a new project or restart the limitations period, and issue preclusion bars relitigating questions resolved
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Ciria v. Gerrans — Ninth Circuit Denies Qualified Immunity to SFPD Inspectors Who Allegedly Fabricated Evidence Leading to 32-Year Wrongful Imprisonment
The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria’s 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.
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In re A.T. — Child Must Be Under Five at Time of Jurisdictional Hearing for Section 300(e) to Apply
In a case of first impression, the Fourth District holds that section 300(e) juvenile dependency jurisdiction requires the child to be under five at the time of the hearing, not when the abuse occurred — reversing findings against a child who turned five before the hearing.
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Askins v. CRST Expedited — California Courts Do Not Require Concrete Injury for Standing Under the Federal Fair Credit Reporting Act
The First District Court of Appeal held that California plaintiffs may pursue statutory damages under the Fair Credit Reporting Act without proving concrete injury, departing from the Fifth District’s Limon decision and reversing a class decertification order.
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Phillips v. Volvo Penta — Song-Beverly Act Limits Component Manufacturer’s Liability to the Component It Warranted
The First District held that under the Song-Beverly Act, a component manufacturer that warranties only its component is obligated to replace or reimburse only that component — not the entire consumer product in which it is incorporated.
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Coffey v. Fast Easy Offer — Ninth Circuit Broadens TCPA Telephone Solicitation Definition to Include Indirect Sales Pitches
The Ninth Circuit reversed dismissal of a TCPA class action, holding that unsolicited calls asking homeowners if they want to sell their property qualify as telephone solicitations because the caller’s underlying purpose was to encourage the purchase of real estate brokerage services.
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Welsh v. Loudbear — Tribal Officials Sued Individually for RICO Violations Cannot Claim Sovereign Immunity
The Ninth Circuit reversed dismissal of a civil RICO action against tribal officials, holding that officials sued in their individual capacities for money damages are not protected by tribal sovereign immunity and the tribe was not a required party.
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Lnu v. Blanche — Ninth Circuit Suspends Two California Attorneys for Filing AI-Hallucinated Citations and Repeatedly Lying About It
Ninth Circuit suspends two Orange County attorneys for six months after they filed briefs with AI-generated fake case citations and repeatedly denied the use of generative AI to the court.