Justia Civil Procedure Opinion Summaries

The Los Angeles County Department of Children and Family Services filed a petition, alleging that four minors were at risk of physical harm and emotional damage due to their mother’s conduct. The petition stated that mother had regularly complained (or prompted others to complain) that father physically or sexually abused the children, that these complaints were false, and that mother’s conduct subjected the children to repeated sexual assault examinations and law enforcement interviews, all of which had severe negative consequences on the children: All four had expressed suicidal thoughts; two were placed in involuntary mental health holds; one had gained 40 pounds; and all four were chronically absent from, or tardy to, school. Mother moved to dismiss the petition because she and father are already litigating custody in family court. The trial court granted the motion. The court of appeal reversed, stating that to rob the Department of its chance to prove its allegations is to elevate judicial economy above the protection of children, in contravention of the Legislature’s express declaration that dependency jurisdiction be construed broadly. View "In re Nicholas E." on Justia Law

When E.G. was fifteen years old, the Youth Court found him to be delinquent and ordered that he be committed to the Department of Corrections until age eighteen. After remand, the Youth Court stated that it would retain jurisdiction until E.G. was twenty-one and consider transfer of the case to the district court. When E.G. turned eighteen, the Youth Court, after a hearing, transferred supervision of E.G. to the district court. E.G. subsequently violated his probation, and the district court sentenced him to the Department of Corrections until age twenty-five. E.G. appealed, arguing that the district court lacked jurisdiction to revoke his probation and sentence because his parents did not receive notice of the hearing on the State’s motion to transfer supervision of his probation from the Youth Court to the District Court. The Supreme Court affirmed, holding that the statutory parental notice requirement did not withdraw, circumscribe, limit or affect the Youth Court’s jurisdiction over the issue of transferring supervision of E.G. to the District Court. View "In re E.G." on Justia Law

In 2001, the Bryan family’s adopted son, J.O., repeatedly raped and molested his younger foster brother, K.B., in the room the boys shared. After weeks of abuse, K.B. told his foster parents, who contacted the Erie County Office of Children and Youth (ECOCY), which had facilitated J.O.’s adoption, and had J.O. removed from their home. The Bryans blamed ECOCY for K.B.’s ordeal, claiming that ECOCY employees concealed J.O.’s history of violent behavior and sexual misconduct. The Bryans sued ECOCY and seven employees under 42 U.S.C. 1983 on a theory that permits recovery from state actors when “the state’s own actions create the very danger that causes the plaintiff’s injury.” During trial, the parties agreed to a high-low settlement. Regardless of the verdict, the Bryan family was to receive at least $900,000 and defendants were to pay no more than $2.7 million. The jury returned an $8.6 million verdict; the defendants tendered $2.7 million. The Bryans claimed breach of the settlement agreement’s confidentiality clause, rendering the deal unenforceable. The district court concluded that it lacked subject matter jurisdiction to decide whether to enforce those terms or the verdict. The Third Circuit remanded. The case was not dismissed, nor was the verdict satisfied. A district court’s jurisdiction does not terminate at the moment jury deliberations do. View "Bryan v. Erie Cnty. Office of Children & Youth" on Justia Law