Leider v. Lewis, No. S232622 (Cal. May 25, 2017)
The trial court in this case issued an injunction against certain practices involving the elephant enclosure at the LA Zoo. The Court of Appeal affirmed, in a split decision, over the Zoo’s challenge that Civil Code § 3369 prohibited the issuance of an injunction against acts of animal cruelty that were prohibited only by criminal laws in the Penal Code. The Court of Appeal held that the argument was barred by the resolution of a prior appeal under the law of the case doctrine, and that, in any event, it was wrong on the merits. But the Supreme Court granted review and now unanimously disagrees.
Showing posts with label lewis. Show all posts
Showing posts with label lewis. Show all posts
Thursday, June 29, 2017
Tuesday, March 15, 2016
Running from the Text
Leider v. Lewis, No. B244414 (D2d8 Feb 10, 2016)
This is a long-running dispute about the treatment of the elephants at the LA Zoo. Plaintiff brought his case under the taxpayer standing statute, Code of Civil Procedure § 526a, asking the court to enjoin violations of various animal cruelty statutes in the Penal Code. This is the second appeal in the case; a prior summary judgment for defendant was reversed. The court held a bench trial, rejecting plaintiff’s demand to close the exhibit. But it granted a limited injunction regarding appropriate elephant discipline, exercise time, and requiring rototilling of the soil in the elephant exhibit. Both sides appeal.
The procedural issue comes up in the zoo’s appeal. The zoo argues that Civil Code § 3369's prohibition on issuing injunctions to enforce criminal laws bars plaintiff’s taxpayer standing claim. A split decision finds two problems with that argument.
This is a long-running dispute about the treatment of the elephants at the LA Zoo. Plaintiff brought his case under the taxpayer standing statute, Code of Civil Procedure § 526a, asking the court to enjoin violations of various animal cruelty statutes in the Penal Code. This is the second appeal in the case; a prior summary judgment for defendant was reversed. The court held a bench trial, rejecting plaintiff’s demand to close the exhibit. But it granted a limited injunction regarding appropriate elephant discipline, exercise time, and requiring rototilling of the soil in the elephant exhibit. Both sides appeal.
The procedural issue comes up in the zoo’s appeal. The zoo argues that Civil Code § 3369's prohibition on issuing injunctions to enforce criminal laws bars plaintiff’s taxpayer standing claim. A split decision finds two problems with that argument.
Tuesday, April 1, 2014
Yes, Forthwith. But to Whom?
Lewis v. City of Benecia, No. A134078 (D1d1 Mar. 26, 2014)
This is a post-trial appeal in a sexual harassment and retaliation case with the kind of a fact pattern that HR is always warning you about. Two individual defendants won summary judgment and a third, the city, prevailed at trial. The jury’s special verdict found that plaintiff had established three of the elements on his retaliation claim against the city, but that he had not established that the city was the proximate cause of his injury. In the course of reversing and remanding as to the city and one individual and affirming as to the other, the court of appeal deals with an evidentiary sanctions issue and an interesting issue about partial trials on remand.
This is a post-trial appeal in a sexual harassment and retaliation case with the kind of a fact pattern that HR is always warning you about. Two individual defendants won summary judgment and a third, the city, prevailed at trial. The jury’s special verdict found that plaintiff had established three of the elements on his retaliation claim against the city, but that he had not established that the city was the proximate cause of his injury. In the course of reversing and remanding as to the city and one individual and affirming as to the other, the court of appeal deals with an evidentiary sanctions issue and an interesting issue about partial trials on remand.
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