Vol. 37 No. 8 CALIFORNIA LAW BANNING SALES OF SEMIAUTOMATIC RIFLES TO YOUNG ADULTS VIOLATED THE SECOND AMENDMENT
In Jones v. Bonta, 2022 U.S. App. LEXIS 12657 (9th Cir. May 11, 2022), the Ninth Circuit Court of Appeals determined the California law prohibiting the sale of semiautomatic rifles to young adults was unconstitutional. In reaching its conclusion, the Court found that the laws burdened the right to home self-defense and did not reasonably […]
Vol 37. No. 9 SUPREME COURT EXPANDS SECOND AMENDMENT RIGHTS, STRIKING DOWN NEW YORK’S “PROPER CAUSE” REQUIREMENT FOR ISSUANCE OF A CCW
In a 6-3 decision, the United States Supreme Court in, New York State Rifle & Pistol Association, Inc., et al., v. Bruen,[1] determined that the State of New York’s requirement that applicants for concealed carry weapons permits must establish “proper cause” for issuance of the permit was unconstitutional under the Second and Fourteenth Amendments because […]
Vol 37. No. 10 A VIOLATION OF MIRANDA RULES DOES NOT PROVIDE A BASIS FOR A 42 U.S.C. SECTION 1983 CLAIM
In a 6-3 decision in Vega v. Tekoh,[1] the United States Supreme Court reversed and remanded a Circuit Court decision holding that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth Amendment and may support a Section 1983 claim against the officer who obtained the statement. The Supreme […]
Vol. 38 No. 4 PLAINTIFF’S EXCESSIVE FORCE AND FALSE ARREST CLAIMS WERE NOT BARRED BY THE HECK DOCTRINE BECAUSE HIS NO CONTEST PLEA WAS NOT ENTERED AS AN ACTUAL CONVICTION
In Duarte v. City of Stockton,[1] the Ninth Circuit Court of Appeals concluded that that Heck v. Humphrey bar did not apply when criminal charges were dismissed after entry of a plea that was held in abeyance pending the defendant’s compliance with certain conditions. Background In May 2015, Francisco Duarte was in a public area […]
Jones Mayer Successfully Defends City of Whittier in Trip and Fall Case
FULLERTON, CA—Jones Mayer is pleased to announce the successful defense of the City of Whittier in a trip-and-fall personal injury case brought in Los Angeles County Superior Court. The case, Sanchez v. City of Whittier, Los Angeles Superior Court Case No. 19STCV35671, was brought by a plaintiff who claimed she was injured after stepping into […]
Employer Requirements for Workplace Violence Plans Effective July 1, 2024
On September 30, 2023, Governor Gavin Newsom signed into law Senate Bill 553, effective July 1, 2024, which updates requirements for obtaining protective orders on behalf of an employee and creates a new requirement for employers to develop a workplace violence plan and violence log—and requires them to train employees on workplace violence. SB 553 […]
Vol. 38 No. 14 NEW LAW AFFECTING CALIFORNIA EMPLOYEES WHO USE MARIJUANA OFF-DUTY RAISES QUESTIONS FOR LAW ENFORCEMENT
Existing law, the California Fair Employment and Housing Act (“FEHA”), protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religion, gender, physical or mental disability amongst other protected statuses. On September 18, 2022, Governor Gavin Newsom signed Assembly Bill […]
Temporary Employees Covered Under Meyers-Milias-Brown Act
On October 10, 2023, Governor Newsom signed into law Assembly Bill 1484, which will include temporary employees in the bargaining groups created under the Meyers-Milias-Brown Act (“MMBA”). AB 1484, which will be codified as California Government Code §3507.7, goes into effect on January 1, 2024. Who Is Covered Under Government Code §3507.7? Newly adopted Government […]
Vol. 38 No. 15 DISTRICT COURT ENTERS INJUNCTION CONCERNING CERTAIN PROVISIONS OF SB 2 CONCERNING “SENSITIVE PLACES”
On December 20, 2023, United States District Judge Cormac J. Carney of the Central District Court’s Southern Division issued an order granting a preliminary injunction enjoining enforcement of certain challenged provisions of Senate Bill 2 against any individuals with permits to carry a concealed weapon. The Court found the challenged provisions unconstitutional pursuant to N.Y. […]
Summary Judgment in Favor of Whittier Officers Affirmed in Illegal Search Warrant Claim
We received the decision of the Ninth Circuit Court of Appeals in the Salvador Salas case against the City of Whittier and Officers Brian Corletto, Brittany Corcoran, and Luis Salas affirming the decision of the District Court that granted summary judgment to all of the defendants and entered judgment in their favor. Salvador Salas brought […]