• Party Fails to Justify Special Causation in Case Over Rockfall

    Metropolitan News-Enterprise
    July 11, 2025

    Div. Three of the Fourth District Court of Appeal has held that a trial judge properly granted summary judgment in favor of a defendant who argued that the plaintiffs, who asserted negligence claims against three property owners whose land overlooked the area where large rocks allegedly rolled onto a roadway, failed to establish group liability based on a theory of joint malfeasance in not protecting the parcels against landslide risks.

  • City Entitled to Vote on New Drainage Fee as Owner of Parcels Affected by Charge—C.A.

    Metropolitan News-Enterprise
    July 11, 2025

    The Third District Court of Appeal has held that a city is entitled to a vote on its own proposal seeking to implement a new storm drainage fee—under a provision of the California Constitution mandating approval by the majority of landowners before any new “property related” charge is imposed—where the municipality owns affected parcels.

  • Hearing on Summary Judgment Motion Improperly Denied

    Metropolitan News-Enterprise
    July 11, 2025

    A superior court may not, based on a local rule, decline to hear a summary judgment motion that meets statutory criteria, Div. Two of the Fourth District Court of Appeal held in an opinion which the California Supreme Court yesterday ordered to be published.

  • Commentary | California courts owe defendants a jury of their peers. It’s still too hard to get one

    CalMatters
    July 11, 2025

    Courts have long interpreted the “jury of peers” standard to mean a jury “of equals,” taken randomly from a pool that includes “a broad spectrum of the population, particularly of race, national origin and gender,” according to Law.com’s online legal dictionary. But while about 9 out of 10 defendants nationwide are too poor to afford lawyers, most jurors aren’t in that low of an income bracket.