California Case Summaries

Litigation

Primary practice area

California Supreme Court, Criminal Law, Litigation

People v. Mitchell — California Supreme Court Holds Defendants Who Agreed to Upper Term Sentences via Plea Bargain May Seek Retroactive Benefit of SB 567

The California Supreme Court unanimously held that defendants who accepted upper term sentences as part of a plea bargain may seek retroactive benefit of SB 567’s amendments to Penal Code section 1170(b), but the remedy is a remand for the defendant to waive, renegotiate, or withdraw the plea—not an automatic sentence reduction.

3rd District Court of Appeal, Civil Procedure, Criminal Law, Litigation

Nuanmanee v. Superior Court — Court of Appeal Holds Defendant Was Not ‘Brought to Trial’ When Court Policy Prevented Jury Empanelment on Last Statutory Day

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.

1st District Court of Appeal, Administrative Law, Labor & Employment Law, Litigation

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.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law, Litigation

United States v. Sanchez — Ninth Circuit Adopts ‘Heavy Presumption of Prejudice’ Standard When Racially Biased Juror Is Removed Mid-Deliberation

The Ninth Circuit holds that when a racially biased juror is discovered and removed before a verdict is accepted, courts must apply the Remmer framework’s heavy presumption of prejudice—and reverses a tax-fraud conviction because the government could not rebut that presumption.

4th District Court of Appeal, Litigation, Real Estate Law, Tax (non-estate)

Waterford Property Co. v. County of Orange — Declaratory Relief Claim Against Tax Assessor Arises from Protected Speech Under Anti-SLAPP Statute

Fourth District holds that a property company’s declaratory relief claim challenging tax assessments arose from the county assessor’s protected speech and petitioning under the anti-SLAPP statute, reversing the trial court’s denial of the county’s motion to strike.

Ninth Circuit Court of Appeals, Constitutional Law, Litigation, Personal Injury & Tort

Fuhr v. City of Seattle — Ninth Circuit Grants Qualified Immunity to SWAT Officer Who Shot Fleeing Father Holding Infant Daughter

Ninth Circuit affirms summary judgment for a Seattle SWAT officer who shot and killed an armed, fleeing father holding his infant daughter, holding that no clearly established law put the officer on notice that deadly force in those circumstances was unconstitutional.

Ninth Circuit Court of Appeals, Constitutional Law, Litigation

3Pak LLC v. City of Seattle — Ninth Circuit Holds State-Created Danger Doctrine Doesn’t Cover Pure Economic Loss, but Revives State Nuisance Claim Under Equitable Tolling

The Ninth Circuit publishes that the state-created danger doctrine reaches only bodily-integrity harm, not lost profits — but reverses dismissal of state-law nuisance claims to let businesses pursue equitable tolling under American Pipe.

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