A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance.
Saying “No, You Can’t Have The Documents,” Can Be Costly.
A shipping association requested documents from the port agent for a few California ports under the Public Records Act [Government Code section 6250, et seq.]. A port agent refused and the association filed a Writ of Mandate, which the trial court granted and which order the Court of Appeal declined to overturn.
County Immune.
A high school student took a swing on a rope swing attached to a tree in a county park. The rope broke and the boy was seriously injured when he hit debris below, which debris included cut-down tree limbs and brush left by county maintenance workers. Afterward, an expert opined the rope was damaged from exposure to the sun for over three months.
Personal Email Account Used For Public Business…Why Does That Sound Familiar?
The California Public Records Act [Government Code section 6250 et seq.] provides that “a party” may file a petition for the issuance of an extraordinary writ to challenge an order of the trial court either directing or refusing disclosure under the Act. A group which advocates for open government successfully moved for the trial court to order disclosure of emails from the personal account of a city attorney pertaining to official business over a five year period.
Pre-Class Certification Discovery To Seek Out A Plaintiff.
The trial court also granted plaintiff’s motion to compel discovery of the names and contact information of current and former employees.
California Supreme Court Rules On Costs/Attorney Fee Statutory Discrepancies In FEHA Cases.
Code of Civil Procedure section 1032(b) guarantees prevailing parties in civil litigation awards of the costs expended in the litigation, and Code of Civil Procedure section 1033.5 requires the costs be reasonably necessary to the conduct of the litigation. Government Code section 12965, subdivision (b) provides that in Fair Employment and Housing Act [FEHA; Government […]