California 6th District Court of Appeal
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San Jose doesn't need to ask voters' permission to issue $3.5B bonds for pensions, appeals panel says
A state appeals panel has ruled that California cities' obligations to fully fund public worker pensions supersedes the constitutional rights of California taxpayers to decide if their cities should be locked into paying billions of dollars in bonds to cover future pension costs estimated by pension fund actuaries -
Appeals panel: Utility-owned property can be taxed at higher rates than other property
AT&T, Sprint and T-Mobile had sought millions of dollars in refunds from Santa Clara County, arguing they had been overtaxed under the California state constitution -
After new California appellate ruling, employers have more reason to refrain from time rounding
A recent state appellate decision on employee time rounding is raising questions about its impact on California’s current and future wage policies and when there could be additional review by the California Supreme Court. -
Decision in man's case against Mission Soaring over hang gliding accident reversed by appellate court
SAN JOSE – A man's lawsuit against a Milpitas hang gliding company following his injury during a hang gliding crash in 2013 is headed back to a San Benito County court following a state appeals court decision. -
Court reverses attorney's fees on defamation case involving Sandy Hook Justice founder
SAN JOSE, Calif. (Legal Newsline) – A California appellate court ruled that a lower court erred in setting the amount of attorneys' fees in a suit involving a Florida-based school safety consultant who allegedly was defamed on social media after the 2012 Sandy Hook Elementary School shooting. -
Court rejects late complaint against the Carmel-by-the-Sea
A resident’s complaint against the City of Carmel-by-the-Sea over a permit to develop land adjacent to her property has been rejected because she did not file her complaint within 90 days. -
State appeals court reverses $1.2 million 'catalyst theory' attorney's fee award to Ag Land Trust
A Salinas-based land trust will not receive the more than $1.2 million in attorney's fees that it had been awarded in a dispute over a defunct water desalination project, following a state appeals court's ruling earlier this month. -
Santa Cruz not liable for woman’s injuries from Davenport Beach tunnel
A court of appeal affirmed that the Santa Cruz County Regional Transportation Commission is not liable for injuries to a woman who fell while walking through a rock tunnel. -
Cupertino residents denied appeal claiming City misconstrued ballot question
The California Sixth Appellate Court denied an appeal in a case claiming the City of Cupertino used improper procedures on a ballot question by the Cupertino Citizens’ Sensible Growth Initiative during the November 2016 election. -
All female appeals panel affirms dismissal of San Jose State professor’s defamation suit
SAN JOSE – An all-female judges’ panel in California's Sixth District Court of Appeal, which was noted on the court’s website as an historic event, recently affirmed a lower court ruling that dismissed a lawsuit filed by a San Jose State University professor who had claimed some university employees and university administrators accused him of trying to defraud the university by seeking airfare reimbursement for himself and a traveling companion. -
Appeals court affirms dismissal of wrongful death suit
SAN JOSE – California's Sixth District Court of Appeal recently affirmed the dismissal of a wrongful death suit, agreeing with the trial court that plaintiff Zejin Deng failed to properly prosecute his suit because he neglected to serve two of the deceased’s heirs. -
Appellate court reverses ruling in suit against Fidelity National Title over fees
SAN JOSE – On Sept. 7, the Court of Appeal of the State of California, 6th Appellate District reversed a lower court's ruling in favor of a class action representative that claimed Fidelity National Title Co. unlawfully charged mailing fees. -
Appeals court rules employers have affirmative defense over rest/nonproductive time claims under labor code
SAN JOSE – The Court of Appeal of the State of California, 6th Appellate District ruled Aug. 14 that California Labor Code protects employers that pay piece-rate employees for “rest and recovery periods and other nonproductive time on the job” in accordance with laws passed on Jan. 1, 2016, from lawsuits related to payment claims for rest periods through Dec. 31, 2015. -
California employers at reduced risk for labor litigation following Supreme Court decision, litigators say
WASHINGTON – California employers now have a lower risk of ending up in court fighting Federal Arbitration Act and National Labor Relations Act lawsuits following a split U.S. Supreme Court decision in a major arbitration case earlier this month, two California litigators said in recent interviews. -
Appellate court affirms $213,500 award to Diya TV over lost advertising revenues
SAN JOSE – The Court of Appeal of the state of California, 6th Appellate District, affirmed a Santa Clara County Superior Court's judgment on March 14 after the defendants in the case challenged a $213,500 award. -
State appeals court reverses judgment in volunteer injury case involving Hanuman Fellowship
The California Sixth District Court of Appeal has reversed the judgment of a trial court that Hanuman Fellowship did not owe one of its volunteers more remedies for injuries sustained after she fell off a forklift while doing construction work for the Fellowship. -
California Supreme Court fails to resolve conflict over groundwater fees, charges
SAN FRANCISCO (Northern California Record) — Despite hopes for a resolution after two appeals courts issued conflicting rulings over whether groundwater extraction fees violate the state's constitution, the California Supreme Court decided to send part of that question back to the district court. -
Compliance expert: Local agencies still face groundwater extraction fees guidelines
SAN FRANCISCO (Northern California Record) — A recent Supreme Court decision to remand much of the question about whether groundwater extraction fees violate California's constitution has local agencies still wondering but there are existing guidelines to consider, a compliance legal expert said during a recent interview. -
Defendants in long-running lead paint litigation to take case to Supreme Court
SAN FRANCISCO – Defendants in a long-running action taken by municipalities and counties in California over who should pay for lead removal in properties are planning to seek a California Supreme Court review. -
San Diego Water Authority discusses ruling in dispute with Metropolitan Water District
Dennis Cushman, assistant general manager of the San Diego Water Authority, recently told the Northern California Record that the most fundamental issue at stake in the authority's dispute with the Metropolitan Water District is whether it must limit the rates it charges for service.