The Third District Court of Appeal held that a renewed LPS conservatorship begins on the date the court issues its reappointment order, not retroactively on the day after the prior conservatorship expired.
The Third District Court of Appeal granted a writ of mandate ordering dismissal of a misdemeanor DUI case after the trial court’s policy of not empaneling juries on Mondays prevented the defendant from being brought to trial on the last statutory day under Penal Code section 1382.
Third District affirms denial of anti-SLAPP motion to strike a cross-complaint challenging the validity of an air quality management district’s underlying interpretive policy, holding that the cross-complaint did not arise from the district’s protected enforcement activities.
Third District affirms denial of an anti-SLAPP motion in a CSU professor retaliation case, holding that claims based ‘in part’ on communications with another university do not arise from protected activity when other unprotected employment decisions also support the claim.
Third District holds that a memory care facility’s selection of the FAA does not displace California’s section 1281.2(c) procedural provisions, allowing the trial court to deny arbitration of survivor and wrongful death claims based on the risk of conflicting rulings.
Third District holds that an attorney with a competing lien can bring a single declaratory relief action against both the client and the prior attorney to resolve the validity, amount, and priority of all attorney liens on settlement proceeds.
Third District holds plaintiffs who lost their CEQA challenge cannot recover catalyst-theory attorney fees under Code of Civil Procedure section 1021.5 when the agency’s later action came years after final defeat in court.
Third District affirms dismissal of malpractice and elder-abuse claims against a pain-management doctor added years after the patient’s overdose death, holding the negligence claims were time-barred and the complaint did not allege elder-abuse-level conduct.
Third District affirms summary judgment for Zipcar in a serious personal-injury case, holding that a remote, app-based rental car company has no duty to inquire whether a member appears impaired at the time of rental.
Third District affirms denial of validation for Department of Water Resources bond resolutions tied to the long-running Delta Conveyance Project, holding the ‘Delta Program’ is so loosely defined that it cannot qualify as a permitted modification of the Feather River Project unit of the
Third District dismisses plaintiffs’ third appeal in an assisted-living negligence case, holding a postjudgment costs order entered after a voluntary dismissal without prejudice does not provide a back-door route to appellate review of an underlying summary-adjudication ruling.
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.
Third District affirms denial of Vallejo’s CEQA writ challenge to American Canyon’s certification of an EIR for a 2.6-million-square-foot warehouse complex, holding the EIR’s water-supply analysis adequately addressed reasonably foreseeable demand under CEQA and the Water Code.
Third District affirms denial of Sierra Pacific’s motion to compel arbitration in coordinated wage-and-hour class actions, finding the company waived arbitration rights by litigating for years and refusing to produce signed arbitration agreements until after class certification.
Third District holds a small road-maintenance HOA’s board exceeded its authority when it raised parcel assessments fivefold without obtaining the majority-of-a-quorum member vote required by the Davis-Stirling Act and the association’s governing documents.