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.