Justia Civil Rights Opinion Summaries

GSS filed suit for malicious prosecution and unfair business competition against defendant and his attorney, alleging that the attorney filed a prior lawsuit against GSS on behalf of his client, knowing that he lacked probable cause to bring the action. GSS also alleged that the attorney maliciously refused to dismiss the prior action and engaged in unfair business practices. The attorney filed an anti-SLAPP motion, which the trial court denied.The Court of Appeal affirmed the trial court's denial of the anti-SLAPP motion and the attorney's motion for reconsideration. The court held that, although the malicious prosecution and unfair business competition causes of action are based on conduct that is protected activity, GSS has met its burden of showing a probability of prevailing on the merits of these causes of action. Finally, the court held that the attorney's arguments regarding the motion for reconsideration are waived. View "Golden State Seafood, Inc. v. Schloss" on Justia Law

Shelton, serving a life sentence for a 1991 second-degree murder, sought habeas corpus relief after being denied parole in 2016, and again in 2018, arguing that the Board of Parole Hearings failed to apply controlling legal principles in finding him unsuitable for parole. Shelton was 62 years old in 2018. He is designated “Permanently Mobility Impaired” and “Permanently Blind/Vision Impaired.”The court of appeal vacated and remanded for a new parole suitability hearing. The court explored Shelton’s military service, during which he reportedly saw “horrible death, destruction” including “killing children, cutting babies out of women’s stomachs.” The court noted Shelton’s traumatic brain injury and the family history that led to the murder. The parole denials were based on the panels’ conclusions that Shelton’s lack of insight into his criminal conduct left him vulnerable to repeating that conduct but the record suggests Shelton’s cognitive condition will never allow him to achieve the kind of insight the panels have been demanding. Shelton’s risk assessments (save one in 2006) have consistently determined he poses a low risk of future violence. He did not have a violent history before the offense, he has not been involved in violence during his prison term, and his increasing age attenuates a propensity toward violence. View "In re Shelton" on Justia Law

After plaintiff was injured while performing work in the Adult Offender Work Program (AOWP), he filed suit against the county for its failure to accommodate his preexisting physical disability and failure to engage in the interactive process under the Fair Employment and Housing Act (FEHA).The Court of Appeal affirmed the trial court's grant of summary judgment in favor of the county. The court held that an individual sentenced to perform work activities in lieu of incarceration in the absence of any financial remuneration, is precluded, as a matter of law, from being an "employee" within the meaning of the FEHA. The court explained that, while remuneration alone is not a sufficient condition to establish an individual is an employee under the statute, it is an essential one. Because plaintiff earned no sufficient financial remuneration as a result of participation in the AOWP, he could not be deemed an employee under the FEHA. The court did not reach plaintiff's remaining arguments. View "Talley v. County of Fresno" on Justia Law

Plaintiffs filed suit alleging that the City of Santa Monica's system of at-large voting to elect its City Council discriminated against Latinos. The trial court agreed and ordered the City to switch to district-based voting.The Court of Appeal reversed and entered judgment for the City, holding that the City violated neither the California Voting Rights Act nor the Constitution. In this case, the City correctly notes that plaintiff offered no valid proof of dilution in order to prove that the City's at-large method impaired Latinos' ability to elect candidates of their choice or to influence the outcome of an election as a result of the dilution of Latino voting rights. Furthermore, plaintiffs failed to prove that the City adopted or maintained its system for the purpose of discriminating against minorities. View "Pico Neighborhood Assoc. v. City of Santa Monica" on Justia Law

Abelardo Martinez, who was blind, brought an action against San Diego County Credit Union (Credit Union) claiming its website was incompatible with software permitting him to read website content. He alleged this defect denied him equal access to, and full enjoyment of, the Credit Union's website and its physical locations. Martinez asserted a single cause of action under the Unruh Civil Rights Act based on two alternate theories: (1) Credit Union's website violated the American Disabilities Act (ADA); and (2) Credit Union's actions constituted intentional discrimination prohibited by the Unruh Civil Rights Act. On the day scheduled for jury selection, the court dismissed the action on its own motion based on its understanding Martinez was intending to pursue only the ADA theory, and the court's finding Martinez had not sufficiently alleged Credit Union's website constitutes a "public accommodation" within the meaning of the ADA (although the court characterized its ruling as a nonsuit, the parties agree it was a conclusion based solely on Martinez's pleadings). Martinez appealed. The Court of Appeal found the trial court erred in dismissing the action at the pleadings stage based on the ADA's public-accommodation element: a disabled plaintiff can state a viable ADA claim for alleged unequal access to a private entity's website if there is a sufficient nexus between the claimed barriers and the plaintiff's ability to use or enjoy the goods and services offered at the defendant's physical facilities. Under this standard, the Court found Martinez alleged a sufficient nexus to state an ADA violation. The Court rejected the Credit Union's alternate argument that the dismissal was proper because the United States Congress has not enacted specific website accessibility standards. View "Martinez v. San Diego County Credit Union" on Justia Law

Bauer, an entertainment magazine publisher, appealed the denial of its special motion to strike the amended complaint of plaintiffs, Richard Simmons and Teresa Reveles. Simmons is a self-described health and fitness guru and Reveles is Simmons's live-in caretaker. Plaintiffs filed suit against Bauer after discovering that a private detective hired by Bauer unlawfully attached an electronic tracking device in Reveles' car. Plaintiffs also filed suit against the detective and the detective's sole proprietorship, LA Intelligence.The Court of Appeal affirmed the denial of the special motion and held that Bauer failed to demonstrate the conduct at the heart of the lawsuit — the unlawful use of the tracking device — is, as Bauer contends, conduct in furtherance of its exercise of the right of free speech in connection with issues of public interest under the anti-SLAPP statute. View "Simmons v. Bauer Media Group USA, LLC" on Justia Law

After filing unsuccessful petitions for writ of mandate challenging the approval of two of the projects under various land use laws, AFH filed suit against the City for violating the federal Fair Housing Act (FHA) and the state Fair Employment and Housing Act (FEHA) based on a disparate-impact theory of liability.The Court of Appeal held that the trial court correctly found AHF cannot assert a cause of action under the FHA and FEHA based on its alleged disparate-impact theory of liability where AHF has not alleged a policy that is an artificial, arbitrary, and unnecessary barrier to fair housing. In this case, AHF has not alleged that the City's policy restricts affordable housing; the City's approval of the Projects does not eliminate housing; and AHF seeks to impose a new development policy on the City, rather than to eliminate one. The court also held that the trial court did not abuse its discretion by denying AHF leave to amend. Accordingly, the court affirmed the trial court's decision sustaining the City's and Real Parties' demurrers. View "AIDS Healthcare Foundation v. City of Los Angeles" on Justia Law

Stanley was charged with sexual intercourse with a child 10 years old or younger with enhancements for prior serious felony convictions. Following an August 2019 mistrial, the court set a new trial for April 2020. Stanley waived his statutory right to a speedy trial until that date. On March 4, 2020, Governor Newsom declared a state of emergency in response to the COVID-19 outbreak,. On March 16, the Contra Costa County Health Officer issued a “shelter in place” order. Days later, the Governor ordered all Californians to stay at home except for limited activities. On March 23, Chief Justice Cantil-Sakauye issued an emergency order suspending all jury trials and extending by 60 days the Penal Code 1382 time period for holding a criminal trial, stating that courts cannot comply with health restrictions and that potential jurors would be unavailable.On May 4, Stanley filed an unsuccessful "speedy trial" motion to dismiss. The court determined there was good cause under Penal Code 1382(a) to extend the trial date and set a jury trial for July 13, 2020, and stated the last day for the start of trial under Penal Code 1382 is July 29, 2020. The court of appeal affirmed. While it is unlikely that the orders are unlawful, the court did not address that issue. The severity of the COVID-19 pandemic and the impact it has had within the state independently support the trial court’s finding of good cause. View "Stanley v. Superior Court" on Justia Law

In 1998, Haden pleaded no contest to infliction of corporal injury on a spouse and admitted a special allegation of personal use of a deadly weapon The trial court found true special allegations under the Three Strikes Law and sentenced him to 25 years to life. Haden had two robbery convictions in North Dakota The court of appeal affirmed, finding that the convictions could constitute strikes although the elements of robbery under North Dakota law differed from those under California law. Haden unsuccessfully sought habeas relief several times.In 2015, Haden filed another habeas petition, arguing that under the U.S. Supreme Court’s 2017 “Descamps” decision, the court made improper factual findings when treating the North Dakota convictions as strikes. In 2016, the California Supreme Court denied his petition “without prejudice to any relief … after this court decides” Gallardo. The 2017 Gallardo decision rejected the court's own 2006 “McGee” decision and held that a trial court considering whether to impose a sentence enhancement based on a defendant’s prior conviction may not make factual findings concerning the defendant’s conduct to impose the enhancement. In 2018, Haden filed another habeas petition, arguing the imposition of the North Dakota robberies as strikes contravened Gallardo because the court examined the record to determine the factual nature of those convictions. The court of appeal denied relief. Gallardo does not apply retroactively to Haden’s conviction. View "In re Haden," on Justia Law

A plaintiff can sue police in civil court for excessive force after he has been convicted in criminal court. In this case, plaintiff pleaded no contest to disturbing the peace after interacting with an officer at an airport parking lot. Plaintiff then filed a civil complaint for excessive force against the officer, the City of Los Angeles, and Los Angeles World Police Department. The Court of Appeal held that the past conviction did not establish that the officer used only reasonable force and thus the first criminal conviction is consistent with the second civil case. Therefore, the court reversed the trial court's judgment and awarded costs to plaintiff. View "Kon v. City of Los Angeles" on Justia Law