California Case Summaries

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.

2nd District Court of Appeal, Civil Procedure, Personal Injury & Tort

Sargenti v. City of Long Beach — Court Affirms Summary Judgment for City in E-Scooter Sidewalk Fall, Limits Sweetwater Doctrine

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.

Appellate Division (Superior Court), Family Law, Real Estate Law

Colonial Manor v. Reyes — Surviving Spouse Protected by Rent Control After Original Tenant’s Death, Costa-Hawkins Does Not Preempt

The Appellate Division of LA Superior Court affirmed judgment for a surviving spouse in an unlawful detainer action, holding she was an implied at-will tenant protected by Santa Monica rent control, and that Costa-Hawkins did not preempt the city’s 425% rent increase prohibition.

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.

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