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 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 affirms summary judgment for medical group under the going and coming rule in case where employee struck a bicyclist while turning into a parking lot during her morning commute, holding that the employee’s permission to work from home on certain days did not convert her home in
Second District holds that evidence of prior branch failures from same-species street trees in the same neighborhood is admissible to prove a city’s notice of a dangerous condition under Government Code section 835.
Second District affirms a $51 million asbestos-talc verdict against Avon Products and holds that Avon’s appellate brief forfeited its sufficiency-of-the-evidence challenge by failing to fairly summarize the trial evidence.