Government Decisions Are Not Speech

Swanson v. Cnty. of Riverside, No. D075081 (D4d1 Jun 17, 2019)

A county’s decision to release an individual from a 72-hour mental health hold under the Lanterman-Petris-Short Act is not speech. So a claim based on the County’s allegedly negligent release of a mentally ill person—who proceeds to kill three people with a baseball bat shortly his release—is not a SLAPP. Enough said.

Affirmed.

Post #800: An Issue of Duty

Klean Hollywood LLC v. Superior Court, No. B283816 (D2d4 Mar. 8, 2018) 

This isn’t about procedure, but it is my 800th post, and a good life lesson nonetheless:

If you are a heroin addict and check into a rehab, and then proceed to smuggle in heroin on which you OD, you don’t get to sue the rehab for negligence for failing to stop you from doing that.

Writ granted.