The California Appellate Law Podcast

ADU damages, doxing, and juror misconduct

• Tim Kowal & Jeff Lewis

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0:00 | 27:08

California law requires cities to approve ADU permits ministerially, without discretionary review. When a city takes three years instead, can the homeowner sue for damages?

In Jeff's win in Shi v. City of Palos Verdes Estates, the Second District, Division Four, said yes. The court held that the ministerial-approval duty in Government Code section 66317 protects the permit applicant, so a homeowner who alleges the city sat on his application states a damages claim under section 815.6.

We also cover Luna v. Top Dawg Entertainment, where two plaintiffs sued a record label as Jane Doe and Jane Roe without ever moving to proceed under pseudonyms, then sued for doxing when the label named them in a press release. The Court of Appeal ordered the doxing claim stricken under the anti-SLAPP statute. Martinez v. Contreras is a primer on juror misconduct motions: jurors openly discussed whether the defendant could afford a bigger award and why the plaintiff wasn't suing an insurance company; the trial court granted a new trial, and the Fifth District affirmed. And in Holtz v. Moreles, the Sixth District upheld Santa Clara County's emergency declaration, reading "emergency" to mean any unforeseen situation calling for immediate action, and left open a standard-of-review split the Supreme Court flagged in 2006.

In this episode, we discuss:

  • Why a city that sits on a ministerial ADU approval can owe the homeowner damages, and why Jeff sees the same leverage for any project under an expedited-approval law
  • Suing as Jane Doe does not make you anonymous: file the pseudonym motion with the complaint, and think twice before anyone issues a press release
  • Can a juror ask whether the award would be bigger if Wal-Mart were the defendant? Can the jury talk about why the plaintiff isn't suing an insurance company? And what if jurors "heavily discussed" the defendant's ability to pay while setting damages?
  • Why "emergency" now means anything unforeseen, how that put a general sales tax on a special election ballot at a simple majority, and the two-thirds argument the Sixth District left in a footnote
  • If you oppose a juror misconduct motion, object to every declaration in writing and get counter-declarations; without them, the jurors' accounts are deemed established

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