Latest 4 Cases: Mostafavi Law Group, APC v. Larry Rabineau, APC (Civil Procedure), California v. Cummings (Constitutional Law), Ventura County ...

The Hidden Ideological Stakes of SCOTUS Patent Case

MICHAEL C. DORF

Cornell law professor Michael C. Dorf describes the ostensibly complex legal issues presented in United States v. Arthrex, Inc., in which the U.S. Supreme Court heard argument earlier this week, and explains how those issues reflect an ideological divide as to other, more accessible matters. Professor Dorf argues that although many conservatives would like to dismantle the modern administrative state, our complex modern society all but requires these government agencies, so conservatives instead seek to make them politically accountable through a Senate-confirmed officer answerable to the president, furthering the so-called unitary-executive theory of Article II.

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Mostafavi Law Group, APC v. Larry Rabineau, APC

Docket: B302344(Second Appellate District)

Opinion Date: March 3, 2021

Judge: Currey

Areas of Law: Civil Procedure, Contracts

Rabineau served MLG with a statutory offer to compromise, but the offer did not specify how MLG could accept it. MLG's counsel hand-wrote MLG's acceptance onto the offer itself and filed a notice of acceptance with the trial court. The trial court then entered judgment in favor of MLG pursuant to Code of Civil Procedure 998, subdivision (b)(1). The Legislature enacted section 998 to encourage and expedite settlement of lawsuits before trial. At issue is whether the purported acceptance of a section 998 offer lacking an acceptance provision gives rise to a valid judgment. The Court of Appeal concluded that the trial court correctly found the judgment was void and affirmed the trial court's grant of Rabineau's motion to vacate the judgment. The court explained that California appellate courts have consistently followed Puerta v. Torres (2011) 195 Cal.App.4th 1267, to hold that a section 998 offer lacking an acceptance provision is invalid, and therefore an offeree's failure to accept it does not trigger any of section 998's cost-shifting provisions. Furthermore, application of general contract principles to conclude a section 998 offer is valid, even if it does not have an acceptance provision, would conflict with the language of section 998, which clearly provides otherwise. Finally, the court rejected arguments based on equity.

California v. Cummings

Docket: C084505(Third Appellate District)

Opinion Date: March 3, 2021

Judge: Murray

Areas of Law: Constitutional Law, Criminal Law

After entering a plea of no contest to attempted driving with a blood alcohol-level of 0.08 percent or more within 10 years of a felony conviction for driving under the influence (DUI) and admitting two prior DUI convictions, defendant Tanya Cummings was granted five years of formal probation. She appealed, contending that : (1) attempted DUI, even with two prior felony DUI convictions, was a misdemeanor under the plain terms of Penal Code section 23550.5; and (2) the trial court erred by ordering her to pay for the cost of her court appointed counsel without a finding of ability to pay or a showing of the actual costs incurred. Finding no reversible error, the Court of Appeal affirmed.

Ventura County Deputy Sheriffs' Ass'n. v. County of Ventura

Docket: B300006(Second Appellate District)

Opinion Date: March 3, 2021

Judge: Steven Z. Perren

Areas of Law: Criminal Law, Government & Administrative Law

Senate Bill No. 1421 amended Penal Code section 832.7 to allow disclosure under the California Public Records Act (CPRA) of records relating to officer-involved shootings, serious use of force and sustained findings of sexual assault or serious dishonesty. VCDSA filed suit against defendants to enjoin section 832.7’s application to records involving peace officer conduct and incidents occurring before January 1, 2019, the statute's effective date. The trial court issued a preliminary injunction. In the meantime, the First District issued Walnut Creek Police Officers' Ass'n v. City of Walnut Creek (2019) 33 Cal.App.5th 940, which rejected the assertion "that applying the 2019 amendments to compel disclosure of records created prior to 2019 constitutes an improper retroactive application of the new law." In the absence of a reason to depart from Walnut Creek, and for reasons stated in Becerra v. Superior Court (2020) 44 Cal.App.5th 897, the Court of Appeal reversed the judgment and dissolved the permanent injunction. The court agreed with Walnut Creek that section 832.7 does not attach new legal consequences to or increase a peace officer's liability for conduct that occurred before the statute's effective date. The court explained that because the statute merely broadens the public's right to access records regarding that conduct, it applies retroactively.

San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach

Docket: B296968(Second Appellate District)

Opinion Date: March 3, 2021

Judge: Arthur Gilbert

Areas of Law: Legal Ethics

After the San Luis Obispo Local Agency Formation Commission (LAFCO) denied the city and developer's application to annex a parcel of real property to the city, the city and developer filed suit challenging the action. LAFCO prevailed and brought this action to recover attorney fees under an indemnity agreement contained in the annexation application. The Court of Appeal affirmed the trial court's grant to the city and developer judgment on the pleadings because LAFCO has no authority to require attorney fees. The court explained that Government Code section 56383 does not apply to post-administrative matters, such as the action that generated the fees at issue here. Therefore, LAFCO has given no consideration in exchange for the indemnity agreement.