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.
This decision vacates dismissal of the mandate petition and remands to the trial court to determine in light of the Supreme Court's intervening decision in Boermeester v. Carry (2023) 15 Cal.5th 72 whether the common law doctrine of fair procedure applies to this private vocational school and if so whether the school gave plaintiff a fair procedure including the right… Read More
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
Under CCP 400, a mandate petition attacking an order denying a motion to change venue must be filed within 20 days after service of notice of judgment (plus 5 days if service is by mail). Here, the clerk served the challenged order by mail on May 12. The last day to file the petition was 25 days later, or Monday,… Read More
