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Appellate Law

Representative Appellate Cases
  • In Ruffo v. City of San Jose, the City of San Jose attempted to use redevelopment money to build the new downtown City Hall. The trial court ruled in favor of the City. On appeal, the trial court was reversed. As a result, the City had to repay over $50 million of redevelopment funds that had been spent improperly on the new City Hall.
  • The City of San Jose imposed a lien of over $100,000 based on the aesthetic appearance of a vacant house. The trial court upheld the lien, but the Court of Appeal reversed. On retrial, the court reduced the lien by over $90,000. 
  • Applying the anti-SLAPP suit statute, the trial court dismissed a defamation case filed by a client accused of criminal activity. The trial court was reversed on appeal, when the Court of Appeal held that the anti-SLAPP suit statute had to be interpreted narrowly. The state legislature subsequently amended the anti-SLAPP law, in part, due to this decision, to require courts to interpret the statute broadly.
  • Two women were sued for defamation when they organized picketing at Family Court after losing custody of their children. The women filed and won an anti-SLAPP suit motion to have the defamation case dismissed. The plaintiff appealed but lost in the Court of Appeal. The trial court awarded significant fees to the clients, pursuant to the anti-SLAPP suit statute.
  • Some local merchants were harshly criticized in an anonymous e-mail that turned out to have been sent from someone working for the City of San Jose. The merchants filed a defamation lawsuit against the City and the employee. The trial court ruled against the merchants, dismissing the case as a SLAPP suit. On appeal, the Court of Appeal reversed the trial court and allowed the defamation lawsuit to proceed.

 

 

 

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