California Case Summaries

3rd District Court of Appeal

3rd District Court of Appeal, Criminal Law, Healthcare Law

People v. Russo — Prior Failure in the Same Treatment Program Justifies Denying Mental Health Diversion

A trial court may deny mental health diversion under Penal Code section 1001.36 when a defendant proposes returning to the same treatment program that previously failed to address his needs — even if the court frames its analysis in terms of treatment adequacy rather than the statutory suitability factors.

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.

3rd District Court of Appeal, Administrative Law, Labor & Employment Law

Dept. of Human Resources v. CCPOA — Court of Appeal Upholds Arbitrator’s Award Reversing Union Rep’s 60-Day Suspension

The Third District Court of Appeal reversed the trial court and upheld an arbitrator’s award that set aside a correctional officer’s 60-day suspension, holding that the award did not contravene any explicit public policy despite conflicting with the State Personnel Board’s earlier ruling.

3rd District Court of Appeal, Environmental Law, Litigation

People ex rel. Yolo-Solano Air Quality Management District v. Defty — Cross-Complaint Challenging Validity of Underlying Agency Policy Does Not Arise From Protected Activity for Anti-SLAPP Purposes

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.

3rd District Court of Appeal, Environmental Law, Real Estate Law

Department of Water Resources Cases — DWR may use precondemnation entry statutes to investigate properties without first authorizing or funding the underlying water project

Third District holds that the California Department of Water Resources may use the precondemnation entry statutes to investigate properties for a potential water conveyance project without first satisfying Water Code requirements for project authorization and funding.

3rd District Court of Appeal, Labor & Employment Law, Litigation

Pechkis v. Trustees of California State University — Anti-SLAPP fails where retaliation claims do not arise exclusively from protected investigatory activity

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.

3rd District Court of Appeal, Healthcare Law, Litigation

Wright v. WellQuest Elk Grove — California arbitration procedural rules apply by default; trial court properly refused to compel arbitration over wrongful death and elder neglect claims

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.

3rd District Court of Appeal, Administrative Law, Environmental Law, Litigation

Department of Water Resources v. Metropolitan Water District — DWR’s Bond Authority for Delta Conveyance Project Fails Validation Because the ‘Delta Program’ Is Too Vaguely Defined

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 State Water Project.

3rd District Court of Appeal, Civil Procedure, Litigation

Viani v. Fair Oaks Estates, Inc. — Third Appeal Dismissed; Costs Judgment After Voluntary Dismissal Is Not an Appealable Final Judgment

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.

3rd District Court of Appeal, Civil Procedure, Litigation

Randolph v. Trustees of California State University — Failure to Object to a Trial Date Past the Five-Year Deadline Is Not an Oral Stipulation to Extend

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.

3rd District Court of Appeal, Labor & Employment Law, Litigation

Sierra Pacific Industries Wage and Hour Cases — Defendant Waived Right to Compel Arbitration by Litigating for Years and Hiding Agreements

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.

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