Fourth District grants writ relief, holding that an Orange County trial court applied the wrong legal standard and relied on findings unsupported by substantial evidence when denying mental-health pretrial diversion to a defendant diagnosed with paranoid schizophrenia.
Fourth District reverses denial of a preliminary injunction by a licensed sidewalk vendor against the City of San Diego, holding that at least two of the City’s vending ordinances — covering impoundment of merchandise and operating-hour restrictions — directly conflict with state sidewalk-vendor protections.
Fourth District grants writ relief, holding that Government Code section 27706(g) gives a public defender discretion to decline appointment to represent a habeas petitioner — including a Racial Justice Act claimant — without showing unavailability.
Fourth District imposes $25,000 in sanctions on attorney T. Matthew Phillips for filing a frivolous writ petition that accused the trial judge of retaliation, discrimination, and acting in concert with opposing counsel — none of which was supported by evidence in the record.
Fourth District affirms denial of writ relief in a Housing-Element Law challenge, holding that subsequent draft revisions made to obtain HCD certification need not be re-noticed for public hearing or readopted by the City Council.
Fourth District grants writ relief, holding that a curative class-action notice informing putative class members they may revoke individual settlement agreements must also tell them California rescission statutes require return of the settlement payment.
Fourth District holds that a party who wins a discrete court petition to appoint a new arbitrator is the prevailing party in that proceeding and is entitled to attorney fees under the underlying contract, even though the parties’ substantive disputes remained pending in arbitration and a parallel lawsuit.
Fourth District holds the public-disclosure bar in California’s Insurance Frauds Prevention Act stops a qui tam plaintiff only when the suit is based on publicly disclosed allegations or transactions of fraud — not when it merely uses publicly available information.
Fourth District reverses a preliminary injunction that had blocked San Bernardino County from awarding its exclusive EMS contract to a fire-services bidder over incumbent AMR, holding the County retained discretion to weigh proposals and was not required to advance only the highest-scoring bid.
Fourth District reverses a multi-count conviction because the trial court accepted, without substantial supporting evidence, the prosecution’s stated reason for striking the only Latina juror under amended Code of Civil Procedure section 231.7.