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.
Third District holds that the Department of Water Resources may use California’s precondemnation entry statutes to investigate properties for a potential water conveyance project without first having an authorized and funded project under Water Code sections 250 and 11580.
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.
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.
Third District affirms that building and occupying an accessory dwelling unit in Sacramento County without a building permit is a public nuisance per se enforceable through injunctive relief, regardless of whether construction is complete.
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.
Third District holds that an attorney with a competing lien can bring a single declaratory relief action against both the client and the prior attorney to resolve the validity, amount, and priority of all attorney liens on settlement proceeds.
Third District holds plaintiffs who lost their CEQA challenge cannot recover catalyst-theory attorney fees under Code of Civil Procedure section 1021.5 when the agency’s later action came years after final defeat in court.
Third District affirms dismissal of malpractice and elder-abuse claims against a pain-management doctor added years after the patient’s overdose death, holding the negligence claims were time-barred and the complaint did not allege elder-abuse-level conduct.
Third District affirms summary judgment for Zipcar in a serious personal-injury case, holding that a remote, app-based rental car company has no duty to inquire whether a member appears impaired at the time of rental.