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Litigation

1st District Court of Appeal
Uncategorized

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

1st District Court of Appeal
Uncategorized

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.

1st District Court of Appeal
Uncategorized

Chemical Toxin Working Group v. Best Naturals — Court of Appeal Rules Substantial Compliance Applies to Proposition 65 Pre-Suit Notices

California’s First District Court of Appeal holds that the doctrine of substantial compliance applies to Proposition 65 pre-suit notice requirements, reversing a trial court that dismissed a toxic-substances lawsuit for failing to identify a responsible individual by name in the notice.

1st District Court of Appeal
Uncategorized

Gibbs v. County of Humboldt — County Liable for Failing to Enroll Employee in CalPERS and Losing Personnel Records

California appeals court holds that Humboldt County can be sued for failing to enroll a 40-year court reporter in CalPERS and losing her personnel records, establishing that pension enrollment and record-keeping are mandatory duties enforceable under Government Code section 815.6.

1st District Court of Appeal
Uncategorized

People v. Hsiung — Animal Rights Activist’s Trespass Convictions Partially Reversed for Erroneous Limitation on Mistake of Law Defense

First District partially reverses animal rights activist’s trespass convictions arising from open-rescue activities at Sonoma County poultry farms, holding the trial court erred by limiting evidence of the defendant’s good-faith mistake of law about the legality of his conduct under the

1st District Court of Appeal
Uncategorized

Raptors Are the Solution v. CropLife America — Pesticide Trade Associations That Intervened to Defend Agency Decisions Are Jointly and Severally Liable for Private Attorney General Fees

First District affirms joint and several liability of pesticide trade associations for private attorney general fees following successful CEQA challenge to rodenticide registrations, holding that intervenors who asserted pecuniary interests cannot disclaim those interests to avoid fee liability.

1st District Court of Appeal
Uncategorized

People v. Emrick — Probation Condition Allowing Probation Department to Jail Defendant Without Hearing Improperly Delegates Judicial Authority

First District holds that a probation condition allowing the probation department to incarcerate a defendant for up to 120 days without a court hearing improperly delegates judicial authority and that denying custody credit for residential treatment requires a knowing waiver under Penal Code section

1st District Court of Appeal
Uncategorized

Western Manufactured Housing Communities Assn. v. City of Santa Rosa — Penal Code Section 396 Rent Cap Locks Mobilehome Rents at Pre-Emergency Levels Throughout Declared Emergency

First District holds that Penal Code section 396’s 10 percent emergency rent increase cap locks mobilehome rental prices at the amount authorized under the local rent control ordinance at the time of the emergency declaration, preventing landlords from stacking annual ordinance-based increases

1st District Court of Appeal
Uncategorized

Cleare v. Superior Court — School District Cannot Claim Impossibility Defense to Teacher Credentialing Requirements Without Exhausting State Waiver Process

First District holds that the West Contra Costa Unified School District failed to establish the impossibility defense to teacher credentialing requirements because it did not show it had exhausted available waiver processes before the Commission on Teacher Credentialing and the State Board of Educat

1st District Court of Appeal
Uncategorized

People v. C.F. — Trial Counsel’s Failure to Request Free Court Reporter Constitutes Ineffective Assistance in Antipsychotic Medication Hearing

First District holds that trial counsel’s failure to request a free court reporter for an antipsychotic medication renewal hearing constituted ineffective assistance of counsel and reverses the order authorizing involuntary medication, remanding for a new hearing.

1st District Court of Appeal
Uncategorized

In re Sebastian C. — Family Home with Community-Based Programming May Qualify as Less Restrictive Program Under Welfare and Institutions Code Section 875

First District holds that placement in a family member’s home with community-based programming and supervision can qualify as a “less restrictive program” under Welfare and Institutions Code section 875(f), even though the appeal was dismissed as moot after the youth was placed wit

1st District Court of Appeal
Uncategorized

Y.P. v. Wells Fargo — Bank Employee’s Assurance That Fraudulent Check Had Cleared States Negligent Misrepresentation Claim

First District holds that a Wells Fargo employee’s assurance that a fraudulent check had cleared states a cause of action for negligent misrepresentation, while affirming dismissal of breach of contract and other claims based on the deposit account agreement’s express disclaimers.

1st District Court of Appeal
Uncategorized

Pagan v. City of San Rafael — Open and Obvious Roadway Conditions Defeat Dangerous Condition Claim

First District affirms summary judgment for City of San Rafael in dangerous condition case where teenage driver hydroplaned on wet curve, holding the conditions were open and obvious as a matter of law and that plaintiff could not defeat summary judgment by raising new pavement-defect theories outsi

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