The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Plaintiff prevailed on a mandate petition challenging his one-year suspension from UC Davis for violating its policies against sexual harassment and assault. The trial court found that the university lacked evidence of sufficiently serious misconduct to support the one-year suspension. This decision holds that the trial court did not abuse its discretion in holding that plaintiff was not entitled to… Read More
To recover attorney fees under the catalyst theory and CCP 1021.5, the plaintiff must show that (1) the lawsuit was a substantial factor in the plaintiff's achieving the primary relief sought in its suit (whether by judicial decree, settlement or voluntary change), (2) the lawsuit had merit and achieved its catalytic effect by threat of victory, not by dint of… Read More
