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Judges and Judiciary,
Government

Jul. 15, 2024

OC judge abused discretion in city's civil case against homeless woman

One of the defendant's attorneys said the decision was an important reminder that the rights of unhoused individuals are myriad, given the Supreme Court's recent decision in Grants Pass.

UCI Law students with the Civil Rights Litigation Clinic began working on the case in 2022. Students Jim Henshaw and Sarah Salame argued before the Court of Appeal. L-R: Nancy Wood; Jim Henshaw; Sarah Salame; Melanie Partow, co-supervisor of the Civil Rights Litigation Clinic. Photo courtesy Paul Hoffman, Director, UCI Law Civil Rights Clinic

An Orange County judge abused his discretion when he failed to stay the civil case of an unhoused, indigent woman pending the outcome of her criminal case for the same conduct, the 4th District Court of Appeal, Division 3 panel ruled.

The panel unanimously reversed and remanded Orange County Superior Court Judge Derek W. Hunt's ruling. It represents a high point for law students who came to the elderly defendant's aid. "We conclude the trial court abused its discreti...

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