California 5th District Court of Appeal News

Caltec Ag remains on hook for fine regarding products that should be classified as pesticides

By Karen Kidd | Jan 9, 2019

FRESNO – California's Fifth District Court of Appeal recently said Caltec Ag Inc.. a Modesto-based agricultural technology company, remains on the hook for a $784,000 fine by the California Department of Pesticide Regulation over three Caltec products that should have been classified as pesticides.

Appeals court sends suit in dairy worker's death back to trial court

By Elizabeth Alt | Aug 20, 2018

FRESNO – California's Fifth District Court of Appeal recently reversed a trial court ruling granting a safety consultant's motion for summary judgment in a wrongful death suit filed by the family of a dairy worker killed in a tractor accident.

Restore Hetch Hetchy vows to take Sierra Canyon restoration case to California Supreme Court

By Karen Kidd | Aug 12, 2018

FRESNO — A Berkeley environmental group that wants the Hetch Hetchy reservoir in northwestern Yosemite drained to restore the Sierra Canyon has vowed to take the case to the California Supreme Court after losing an appeal in July.

Appellate court grants attorney fees over California Truck and Bus Regulation battle

By Takesha Thomas | Jul 25, 2018

A California appellate court will award attorney fees in litigation involving new regulations for trucks and buses in the state.

Attorney says California Air Resources Board nitrogen oxide calculation is 'small snag' on path to environmentally friendly state

By John Revak | Jun 19, 2017

Attorney says California Air Resources Board emission calculation is 'small snag' that can be fixed

Appeals court orders California Air Resources Board to change how it calculates greenhouse gas emissions

By David Hutton | Jun 9, 2017

A California appeals court recently reversed a lower court’s decision to discharge a court order that had mandated the California Air Resources Board (ARB) to correct several violations of the California Environmental Quality Act (CEQA) it had committed when it attempted to implement the state’s low carbon fuel standards regulations (LCFS).

California Department of Conservation to go back to trial over alleged evasion of environmental laws

By Elizabeth Alt | Jun 8, 2017

The California Fifth District Court of Appeal recently ruled that a district court erred in its decision to dismiss a case involving allegations that the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) did not conduct an environmental review before issuing permits for 214 new oil wells in Kern County.

California court denies appeal by limited liability company that failed to pay taxes

By Melissa Busch | Apr 18, 2017

A California appeals court recently dismissed a motion to toss out a default judgment filed against a household and commercial storage business because the company lost is status as a limited liability company after failing to pay taxes.

Medical-malpractice claim regarding wire in patient dismissed by California appellate court

By Jessica Caimi | Feb 15, 2017

FRESNO, Calif. — A California appeals court recently dismissed a medical-malpractice action that alleged improper medical care involving a wire left in a patient's body.

Appeals court overturns $73.4 million ruling in Kings County

By Michelle de Leon | Nov 22, 2016

FRESNO – A California appeals court has reversed a $73.4 million verdict in favor of a new city proposal in Kings County, a move that now casts uncertainty over the plan.

Court approves environmental report for proposed Tehachapi Walmart

By S. Laney Griffo | Sep 26, 2016

FRESNO – The 5th District Court of Appeals in Fresno ruled last month in favor of the city of Tehachapi for the proposed building of a Walmart. The appeal came after the city addressed several environmental concerns about the project.

Off-duty prison guards can carry concealed weapons, ruling says

By Jenna Spinelle | Sep 8, 2016

FRESNO – Prison guards in Stanislaus County can now carry concealed weapons while off duty without a permit, signaling what is expected to be the end of a disagreement between county officials and the union representing the guards.

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