Articles Posted in California Court of Appeal

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Plaintiff challenges the trial court’s denial of his petition for a writ of mandate to overturn a hearing officer’s decision to suspend plaintiff's license after he violated Vehicle Code section 13353.2 by driving with a blood alcohol concentration (BAC) of 0.08 percent or more. In this case, the trial court's ruling was based on its rejection of the unrebutted testimony of plaintiff's expert, who opined that the blood testing procedure used to measure plaintiff's BAC was scientifically invalid. In Najera v. Shiomoto, which involved the same expert, the court held that the expert's testimony, that single-column gas chromatography was incapable of valid measurement of BAC, rebutted the presumption that the laboratory was using methodology “capable of the analysis of ethyl alcohol with a specificity which is adequate and appropriate for traffic law enforcement.” Accordingly, the court reversed the judgment. View "Freitas v. Shiomoto" on Justia Law

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The City and Xerox appealed the trial court's grant of petitioner's petition for writ of mandate. At issue is whether the City, as the “issuing agency” for notice of parking violations in the City, Veh. Code, 40202, must conduct the “initial review” of challenged citations, section 40215, subd. (a), or whether it may delegate that duty to Xerox, its "processing agency," section 40200.6, subd. (a), with which it contracts "for the processing of notices of parking violations," section 40200.5, subd. (a). The court held that, based on the language of section 40215, subdivision (a) and relevant legislative history, the City is required to conduct the initial review, and cannot contract with Xerox to perform that duty. Therefore, the court affirmed the trial court’s issuance of a writ of mandate, as well as the trial court's award of approximately $722,000 in attorney fees pursuant to the California private attorney general statute, Code of Civil Procedure section 1021.5. View "Weiss v. City of Los Angeles" on Justia Law

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California’s Online Privacy Protection Act of 2003 (OPPA), under the unfair competition law (Bus. & Prof. Code 17200 et. seq.), addresses the obligations of an operator of a commercial Web site or online service regarding the posting of a privacy policy on the Internet. The state sought damages and injunctive relief under OPPA, alleging that Delta’s Fly Delta mobile application violated the privacy policy requirements. The trial court dismissed, finding the suit expressly preempted by the Airline Deregulation Act of 1978 (49 U.S.C. 41713 (b)(1)). The court of appeal affirmed. To compel Delta to comply with the OPPA would effectively interfere with the airline’s “selection and design” of its mobile application, a marketing mechanism “appropriate to the furnishing of air transportation service,” for which state enforcement has been held to be expressly preempted. View "Harris v. Delta Air Lines" on Justia Law