California Case Summaries

Daily summaries of California state and federal court opinions — California Supreme Court, Court of Appeal, Ninth Circuit, the four California federal district courts, and SCOTUS cases applying California law.

Recent Decisions — through May 1, 2026

California Supreme Court (7)

People v. Stayner — California Supreme Court Affirms Death Sentence for Yosemite Cedar Lodge Murders

On automatic appeal, the California Supreme Court unanimously affirms the convictions and death sentence of Cary Stayner for the 1999 Cedar Lodge murders of Carole Sund, her daughter Juli, and Silvina Pelosso. Justice Evans concurred and dissented in part.

Reported Constitutional Law

Summary

In re Kowalczyk — California Supreme Court Reaffirms Constitutional Right to Bail, Limits When Pretrial Detention May Be Imposed

California Supreme Court reaffirms the constitutional right to pretrial release, requiring prosecutors to prove the necessity of detention by clear and convincing evidence and forbidding boilerplate denial-of-bail orders.

Reported Constitutional Law

Summary

People v. Lopez — California Supreme Court Clarifies Senate Bill 1437 Resentencing for Aiders and Abettors of Gang-Related Killings

California Supreme Court holds that gang-enhancement and vicarious firearm-use findings cannot substitute for proof of personal malice in Senate Bill 1437 resentencing hearings, opening the door to new resentencing for aiders and abettors of gang-related killings.

Reported Criminal Law

Summary

In re Z.G. — Juvenile Court Cannot Terminate Parental Rights Based Solely on Adoptability, and Mother’s Lawyer Was Ineffective for Failing to Demand Required Reunification Services

The California Supreme Court holds that juvenile courts cannot terminate a parent's rights based solely on a finding that the children are likely to be adopted, and that the mother's trial counsel here was constitutionally ineffective for failing to assert her statutory right to reunification services.

Reported Family Law

Summary

Shear Development Co. v. California Coastal Commission — Courts Decide Coastal Commission Jurisdiction Independently, and the Commission Cannot Take Appeals Just Because a Site Allows Multiple Principal Uses

The California Supreme Court holds that courts must independently review whether the Coastal Commission has appellate jurisdiction over a local permit decision and that the Commission cannot exercise that jurisdiction merely because a site allows multiple principal uses.

Reported Administrative Law

Summary

People v. Bertsch and Hronis — Convictions Affirmed, Bertsch Death Sentence Stands, but Hronis Death Sentence Vacated Because of Later Changes to Self-Representation Law

The California Supreme Court affirms the convictions and Bertsch's death sentence in this 1985 kidnap-rape-murder case but reverses Hronis's death sentence because of post-trial changes in the law governing a defendant's mental competency to represent himself.

Reported Constitutional Law

Summary

People v. Deen — Death Sentence Reversed Because Trial Court Failed to Probe Juror’s Possible Bias from Knowing the Murdered Police Chief

The California Supreme Court reverses Omar Deen's capital conviction and death sentence because the trial court failed to adequately examine whether a juror who had a personal connection to the murdered police chief harbored actual bias.

Reported Constitutional Law

Summary

1st District Court of Appeal (23)

Garcia-Rojas v. Franchise Tax Board — Court of Appeal Reverses Summary Judgment, Says Single-Activity Sole Proprietor Is Not a Unitary Business

California Court of Appeal reverses summary judgment for the Franchise Tax Board, holding that a Texas-based radiologist working remotely as a sole proprietor for one California company is not a 'unitary business' under regulation 17951-4(c).

Reported Civil Procedure

Summary

People v. Hsiung — Animal Rights Activist’s Trespass Convictions Partially Reversed for Erroneous Limitation on Mistake of Law Defense

First District partially reverses animal rights activist's trespass convictions arising from open-rescue activities at Sonoma County poultry farms, holding the trial court erred by limiting evidence of the defendant's good-faith mistake of law about the legality of his conduct under the necessity doctrine, while affirming the misdemeanor trespass conviction and rejecting First Amendment challenges.

Reported Criminal Law

Summary

Raptors Are the Solution v. CropLife America — Pesticide Trade Associations That Intervened to Defend Agency Decisions Are Jointly and Severally Liable for Private Attorney General Fees

First District affirms joint and several liability of pesticide trade associations for private attorney general fees following successful CEQA challenge to rodenticide registrations, holding that intervenors who asserted pecuniary interests cannot disclaim those interests to avoid fee liability.

Reported Environmental Law

Summary

Citizens Against Marketplace Apartment/Condo Development v. City of San Ramon — Approval of Mixed-Use Infill Housing Project Was Consistent With City General Plan and Zoning

First District affirms approval of 44-unit mixed-use infill housing project on former shopping center site in San Ramon, holding that the project was consistent with the City's general plan and zoning ordinance and that aspirational planning language did not impose mandatory master plan requirements.

Reported Environmental Law

Summary

People v. Emrick — Probation Condition Allowing Probation Department to Jail Defendant Without Hearing Improperly Delegates Judicial Authority

First District holds that a probation condition allowing the probation department to incarcerate a defendant for up to 120 days without a court hearing improperly delegates judicial authority and that denying custody credit for residential treatment requires a knowing waiver under Penal Code section 2900.5.

Reported Criminal Law

Summary

Western Manufactured Housing Communities Assn. v. City of Santa Rosa — Penal Code Section 396 Rent Cap Locks Mobilehome Rents at Pre-Emergency Levels Throughout Declared Emergency

First District holds that Penal Code section 396's 10 percent emergency rent increase cap locks mobilehome rental prices at the amount authorized under the local rent control ordinance at the time of the emergency declaration, preventing landlords from stacking annual ordinance-based increases during multi-year emergencies.

Reported Litigation

Summary

Cleare v. Superior Court — School District Cannot Claim Impossibility Defense to Teacher Credentialing Requirements Without Exhausting State Waiver Process

First District holds that the West Contra Costa Unified School District failed to establish the impossibility defense to teacher credentialing requirements because it did not show it had exhausted available waiver processes before the Commission on Teacher Credentialing and the State Board of Education.

Reported Administrative Law

Summary

People v. C.F. — Trial Counsel’s Failure to Request Free Court Reporter Constitutes Ineffective Assistance in Antipsychotic Medication Hearing

First District holds that trial counsel's failure to request a free court reporter for an antipsychotic medication renewal hearing constituted ineffective assistance of counsel and reverses the order authorizing involuntary medication, remanding for a new hearing.

Reported Criminal Law

Summary

In re Sebastian C. — Family Home with Community-Based Programming May Qualify as Less Restrictive Program Under Welfare and Institutions Code Section 875

First District holds that placement in a family member's home with community-based programming and supervision can qualify as a "less restrictive program" under Welfare and Institutions Code section 875(f), even though the appeal was dismissed as moot after the youth was placed with his mother.

Reported Criminal Law

Summary

Zand v. Sukumar — Court of Appeal Sanctions Frivolous Appeal Attacking Anti-SLAPP Fee Award Already Affirmed in Prior Appeal

First District affirms a $41,580 attorney's fee award and imposes sanctions for a frivolous appeal where a self-represented litigant attempted to use a second appeal to attack the underlying anti-SLAPP ruling already affirmed in a prior appeal.

Reported Civil Procedure

Summary

Cordero v. Ghilotti Construction — Privette Doctrine Bars Subcontractor Worker’s Claim Against Turnkey Contractor for Slip-and-Fall Despite Cal-OSHA Regulation

First District affirms summary judgment for turnkey contractor under the Privette doctrine in suit by injured rebar subcontractor employee, holding that morning site preparation including dewatering does not constitute affirmative contribution under Hooker and that Cal-OSHA regulations are generally delegable through subcontracts.

Reported Construction Law

Summary

Y.P. v. Wells Fargo — Bank Employee’s Assurance That Fraudulent Check Had Cleared States Negligent Misrepresentation Claim

First District holds that a Wells Fargo employee's assurance that a fraudulent check had cleared states a cause of action for negligent misrepresentation, while affirming dismissal of breach of contract and other claims based on the deposit account agreement's express disclaimers.

Reported Banking & Finance

Summary

Chi v. Department of Motor Vehicles — DMV Hearing Officer Did Not Violate Due Process by Asking Clarifying Questions in DUI Refusal Hearing

First District holds that DMV's post-2022 single-hearing-officer model does not violate due process and that the constitutional impartiality standard is more demanding than appearance of bias, expressly disagreeing with the Romane line of cases now under California Supreme Court review.

Reported Administrative Law

Summary

In re Marriage of Jenkins — Default Divorce Judgment Properly Set Aside Where Court Awarded Relief Beyond Petition and Used Off-Record Communications

First District affirms set-aside of default divorce judgment that awarded specific property division beyond what the petition disclosed and was obtained partly through off-the-record communications with the trial judge, applying both Code of Civil Procedure section 580 and Family Code sections 2121 and 2122.

Reported Civil Procedure

Summary

Pagan v. City of San Rafael — Open and Obvious Roadway Conditions Defeat Dangerous Condition Claim

First District affirms summary judgment for City of San Rafael in dangerous condition case where teenage driver hydroplaned on wet curve, holding the conditions were open and obvious as a matter of law and that plaintiff could not defeat summary judgment by raising new pavement-defect theories outside the pleadings.

Reported Litigation

Summary

People v. Nielsen — Defense forfeited section 1170(b)(6) low term presumption claim by failing to raise childhood trauma argument at sentencing; dissent disagrees

First District holds, with one justice dissenting, that a defendant forfeited his Penal Code section 1170(b)(6) low term presumption claim by failing to raise it at sentencing despite submitting evidence of childhood trauma.

Reported Criminal Law

Summary

People v. Newt — ‘Receiving’ large-capacity magazine under Penal Code section 32310(a) requires more than mere possession; felony conviction reversed

First District holds that the term 'receives' in Penal Code section 32310(a) requires more than mere possession of a large-capacity magazine, and reverses a felony conviction supported only by evidence that the defendant possessed the magazine in his car.

Reported Criminal Law

Summary

Sobalvarro v. Vibra Health Care — Hospital can be negligent for not offering paralyzed patient choice of female nursing assistant; expert testimony not required for causation

First District reverses JNOV and reinstates a $1 million negligence verdict against Kentfield Hospital for failing to offer a paralyzed stroke patient the choice of a female nursing assistant for intimate care.

Reported Healthcare Law

Summary

In re J.H. — Juvenile court may consider victim impact statement at six-month baseline review hearing if limited to rehabilitation-relevant material

First District holds that a juvenile court may consider a victim impact statement at a six-month baseline review hearing if it limits its consideration to material relevant to the juvenile's rehabilitation.

Reported Criminal Law

Summary

Independent Office of Law Enforcement Review v. Sonoma County Sheriff — County sheriff oversight entities have subpoena power for whistleblower investigations under Government Code section 25303.7

First District holds that Sonoma County's IOLERO has subpoena authority under Government Code section 25303.7 to investigate whistleblower complaints against the Sheriff and orders enforcement of subpoenas issued to deputies.

Reported Administrative Law

Summary

Bair v. California Department of Transportation — Discharge of CEQA writ ends Richardson Grove highway dispute under res judicata

First District holds that the discharge of an earlier CEQA writ necessarily decided the adequacy of Caltrans's revised analysis of impacts on Richardson Grove redwoods, barring petitioners from relitigating those impacts in a third writ proceeding.

Reported Environmental Law

Summary

Guinnane Construction v. Chess — Tort of another doctrine does not allow recovery of attorney fees incurred in the tort action itself

First District holds that a plaintiff who recovers attorney fees from a tortfeasor under the tort of another doctrine cannot also recover the fees incurred in prosecuting the tort of another action itself.

Reported Litigation

Summary

Cleare v. Superior Court (West Contra Costa Unified School District) — School district must exhaust statutory teacher hiring procedures before invoking impossibility defense

First District grants writ requiring West Contra Costa Unified School District to comply with statutory teacher hiring procedures before invoking impossibility to defend its use of rolling and unauthorized substitutes.

Reported Administrative Law

Summary

2nd District Court of Appeal (17)

Vela v. Harbor Rail Services — Court of Appeal Affirms Arbitration of Railcar Repairman’s Wage Claims, Including Class Waiver

California Court of Appeal holds that a railcar repairman doing stationary maintenance work in a Wilmington rail yard is not a 'transportation worker' exempt from the Federal Arbitration Act, so his class action waiver is enforceable.

Reported Labor & Employment Law

Summary

Garner v. California Victim Compensation Board — Vacatur Under Section 1172.6 Resentencing Statute Does Not Establish “Erroneous Conviction” Required for Compensation Under Section 4900

Second District holds that vacatur of a murder conviction under Penal Code section 1172.6 does not establish an "erroneous conviction" entitling the former defendant to compensation under section 4900, because Senate Bill 1437's narrowing of murder liability was a legislative act of lenity, not a determination that prior convictions were wrong.

Reported Administrative Law

Summary

The Chemical Toxin Working Group v. Kroger — Proposition 65 Pre-Suit Notice Substantially Complies When Outside Counsel Contact Is Provided

Second District reverses judgment on the pleadings in Proposition 65 enforcement action against Kroger and other grocery companies, holding that providing outside counsel contact information in the 60-day notice substantially complies with California Code of Regulations title 27, section 25903.

Reported Environmental Law

Summary

Chang v. Southern California Permanente Medical Group — Going and Coming Rule Bars Vicarious Liability for Employee’s Commute Even Where Employee Sometimes Worked from Home

Second District affirms summary judgment for medical group under the going and coming rule in case where employee struck a bicyclist while turning into a parking lot during her morning commute, holding that the employee's permission to work from home on certain days did not convert her home into a second worksite for purposes of the day in question.

Reported Litigation

Summary

Detrick v. Shimada — Declaration in English From Witness Who Cannot Read English Is Not Competent Evidence Without Interpreter Attestation

Second District reverses summary judgment for malicious prosecution defendant, holding that an English-language declaration purportedly reflecting the words of a witness who could not read or speak English is not competent evidence without attestation from a qualified interpreter or translator.

Reported Civil Procedure

Summary

Stoker v. Blue Origin — Blue Origin Arbitration Agreement Substantively and Procedurally Unconscionable; Severance Not Appropriate

Second District affirms denial of Blue Origin's motion to compel arbitration of former employee's FEHA sexual harassment and other claims, holding that the arbitration agreement is both substantively and procedurally unconscionable due to lack of mutuality and one-sided carve-outs, and that severance is not appropriate.

Reported Labor & Employment Law

Summary

Jessica M. v. CDCR — Penal Code Section 3051 Youth Offender Parole Hearings Constitutional as Applied to Forcible Sex Offenders Sentenced Under Section 667.6

Second District holds that Penal Code section 3051 youth offender parole hearings are constitutional as applied to forcible sex offenders sentenced under section 667.6's full consecutive sentence scheme, finding that section 3051 did not improperly amend Proposition 83 (Jessica's Law).

Reported Constitutional Law

Summary

Santana v. Studebaker Health Care Center — Multiple Arbitration Documents With Minor Ambiguities Form Enforceable Agreement

Second District reverses denial of motion to compel arbitration in nursing facility wage and hour class action, holding that three arbitration-related onboarding documents must be construed together and form an enforceable agreement despite minor ambiguities and the typical procedural unconscionability of an adhesion contract.

Reported Labor & Employment Law

Summary

People v. Hardy — California’s Assault Weapon, Silencer, and Large-Capacity Magazine Bans Survive Second Amendment Facial Challenge After Bruen

Second District rejects facial Second Amendment challenges to California's prohibitions on assault weapons, short-barreled shotguns, silencers, and large-capacity magazines, holding that these regulations survive scrutiny under Heller, Bruen, and the common use test.

Reported Constitutional Law

Summary

Aerni v. RR San Dimas, L.P. — Civil Code Section 1940.1 Does Not Require Individualized Proof of “Primary Residence” for Class Certification

Second District reverses denial of class certification in 28-day shuffle case under Civil Code section 1940.1, holding that whether a hotel qualifies as a residential hotel turns on building-wide use patterns rather than individualized proof of each class member's primary residence.

Reported Litigation

Summary

L.A. County Professional Peace Officers Assn. v. County of L.A. — Union Did Not Clearly and Unmistakably Waive Right to Bargain Over Outsourcing Decision

Second District holds that a public employee union did not clearly and unmistakably waive its right to bargain over an outsourcing decision through an MOU clause referring to "reorganization," reversing dismissal of an unfair practice charge against Los Angeles County.

Reported Administrative Law

Summary

People v. Tzul — Murder Convictions Reversed Where Trial Court Excluded Defendant’s Note Showing Provocation Until Defendant Was Forced to Testify

Second District reverses first and second degree murder convictions where the trial court excluded a handwritten note showing the defendant's belief that he had discovered his girlfriend in an intimate act with her brother, forcing him to testify to introduce evidence of provocation.

Reported Criminal Law

Summary

People v. Player — Jury’s Not-True Firearm Findings Do Not Collaterally Estop Resentencing Court from Finding Defendant Was Actual Killer

Second District holds that a jury's not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining People v. Hart.

Reported Criminal Law

Summary

In re Marriage of Bowman — Family Court May Apply Family Code Fee Factors Even When MSA Has Prevailing Party Clause

Second District holds that the family law court retains discretion under Family Code sections 2030 and 2032 to consider parties' relative financial circumstances when fixing attorney's fees, even where a marital settlement agreement contains a contractual prevailing party fee clause.

Reported Family Law

Summary

Albarghouti v. LA Gateway Partners — California False Claims Act Seal Lifts Automatically After 60 Days Absent Extension

Second District holds that the seal on a California False Claims Act qui tam complaint lifts automatically after the statutory 60-day period absent a government request for extension, and that any seal violations are not grounds for sustaining a demurrer.

Reported Civil Procedure

Summary

In re Melson — Murder Conviction Vacated for Napue Error and Ineffective Assistance Where Prosecutor Failed to Correct False Eyewitness Testimony

Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses' actual statements, applying the Supreme Court's recent Glossip v. Oklahoma decision.

Reported Criminal Law

Summary

Aerni v. RR San Dimas — Civil Code section 1940.1 ‘residential hotel’ showing does not require individualized proof that each plaintiff used the hotel as primary residence

Second District reverses denial of class certification in a Red Roof Inn 28-day shuffle case, holding that Civil Code section 1940.1 does not require each class member to prove individualized use of the hotel as their primary residence.

Reported Litigation

Summary

3rd District Court of Appeal (3)

People ex rel. Yolo-Solano Air Quality Management District v. Defty — Cross-Complaint Challenging Validity of Underlying Agency Policy Does Not Arise From Protected Activity for Anti-SLAPP Purposes

Third District affirms denial of anti-SLAPP motion to strike a cross-complaint challenging the validity of an air quality management district's underlying interpretive policy, holding that the cross-complaint did not arise from the district's protected enforcement activities.

Reported Environmental Law

Summary

Department of Water Resources Cases — DWR May Use Precondemnation Entry Statutes Without Authorized and Funded Project

Third District holds that the Department of Water Resources may use California's precondemnation entry statutes to investigate properties for a potential water conveyance project without first having an authorized and funded project under Water Code sections 250 and 11580.

Reported Environmental Law

Summary

Department of Water Resources Cases — DWR may use precondemnation entry statutes to investigate properties without first authorizing or funding the underlying water project

Third District holds that the California Department of Water Resources may use the precondemnation entry statutes to investigate properties for a potential water conveyance project without first satisfying Water Code requirements for project authorization and funding.

Reported Environmental Law

Summary

4th District Court of Appeal (20)

Marriage of Nishida & Kamoda — Court of Appeal Revives Wife’s Fraud Suit Over Post-Divorce Property Stipulation

Court of Appeal reverses dismissal of a wife's post-divorce fraud suit over a community property stipulation, holding that her civil complaint was timely under Family Code section 2122 and that the trial court abused its discretion in refusing leave to amend.

Reported Civil Procedure

Summary

In re Marriage of Nishida & Kamoda — Civil Lawsuit Alleging Fraud in Marital Stipulation Was Timely and Should Not Have Been Dismissed After Transfer to Family Law Court

Fourth District reverses dismissal of civil fraud lawsuit alleging misrepresentation in connection with marital settlement stipulation, holding that the lawsuit was timely filed and should not have been dismissed under Family Code section 2122 after transfer to family law court.

Reported Civil Procedure

Summary

AVL Test Systems v. Hensel Phelps Construction — Whether Equipment Becomes “Fixed Part of the Structure” for Contractor Licensing Exemption Is a Question of Fact

Fourth District reverses summary judgment for general contractor in $73 million emissions testing equipment dispute, holding that whether the equipment becomes a fixed part of the structure for purposes of the contractor licensing finished products exemption is a question of fact when supported by conflicting expert testimony.

Reported Construction Law

Summary

People v. The North River Insurance Co. — Defendant’s Counsel Appearance Under Section 977 Triggers Bail Bond Exoneration; Court Retains Jurisdiction to Award Extradition Costs

Fourth District holds that a defendant's appearance through counsel under Penal Code section 977 satisfies the appearance requirement for bail bond exoneration and that the trial court retained jurisdiction to award extradition costs after conditional exoneration.

Reported Criminal Law

Summary

Amezcua v. Superior Court — Trial Court Cannot Condition Leave to Amend Under Section 473 on Payment of Attorney’s Fees

Fourth District grants writ of mandate striking a $25,000 attorney's fee condition the trial court had imposed sua sponte on the plaintiff's leave to amend her complaint, holding that Code of Civil Procedure section 473 does not authorize fee awards as conditions of amendment.

Reported Civil Procedure

Summary

Bobo v. Appellate Division of Superior Court — Trial Court Cannot Deny Misdemeanor Vehicular Manslaughter Diversion Based Solely on the Inherent Elements of the Charged Offense

Fourth District grants writ of mandate ordering reconsideration of misdemeanor diversion request in vehicular manslaughter case, holding that the trial court abused its discretion by denying diversion based solely on the inherent elements of the charged offense (negligence causing death) without individualized analysis.

Reported Criminal Law

Summary

People v. Harzan — Conviction Reversed Where Trial Court Forced Defendant to Choose Between Entrapment Defense and Excluding Decades-Old Sexual Misconduct Evidence

Fourth District reverses conviction where the trial court forced the defendant to choose between asserting a valid entrapment defense and admission of decades-old sexual misconduct evidence from his teenage years, holding that the conditioning violated his constitutional right to present a defense.

Reported Criminal Law

Summary

People v. Superior Court (Austin) — Judge Who Was Former Homicide Prosecutor Must Be Disqualified from Racial Justice Act Hearing Challenging That Office’s Charging Practices

Fourth District grants writ of mandate disqualifying a judge from presiding over a California Racial Justice Act hearing because her prior service as a homicide prosecutor in the same District Attorney's Office whose charging practices are under review created an appearance of bias.

Reported Criminal Law

Summary

NNN Capital Fund I, LLC v. Mikles — Standing of Purported LLC Representatives Is a Jurisdictional Issue That May Be Raised at Any Time, Including After Arbitration

Fourth District vacates judgment confirming arbitration award and remands for the trial court to determine whether the purported liquidating trustees who brought the action on behalf of an LLC had standing under the company's operating agreement, holding that jurisdictional standing may be challenged at any time.

Reported Business Transactions

Summary

The Retail Property Trust v. Orange County Assessment Appeals Board — COVID-19 Pandemic Restrictions Did Not Cause “Damage” Triggering Tax Reassessment Under Section 170

Fourth District holds that the COVID-19 pandemic and related government restrictions did not cause "damage" to the Brea Mall within the meaning of Revenue and Taxation Code section 170(a)(1), and that calamity reassessment requires actual physical damage to property.

Reported Litigation

Summary

Walton v. Victor Valley Community College District — Nursing Student May Pursue FEHA, Education Code, and Government Claims Against District for Faculty Sexual Harassment

Fourth District reverses summary judgment for community college district on nursing student's sexual harassment claims, holding that the student has standing under FEHA, that her detailed pre-litigation letter substantially complied with the Government Claims Act, and that triable issues exist on her Education Code section 66270 deliberate indifference claim.

Reported Labor & Employment Law

Summary

People v. Espiritu — Trial Court’s Failure to Recognize Presumptively Invalid Reason for Peremptory Challenge Requires Reversal Under Section 231.7

Fourth District reverses convictions in sexual assault case where the trial court failed to recognize that a peremptory challenge based on a juror's nursing occupation was presumptively invalid under Code of Civil Procedure section 231.7, holding that defense counsel's failure to specifically invoke the presumption did not forfeit the issue.

Reported Criminal Law

Summary

People v. Sanchez — Court Correcting Clerical Sentencing Error Cannot Modify Misdemeanor Sentences and Need Not Conduct Full Resentencing

Fourth District holds that a court correcting a clerical error in an abstract of judgment is not required to conduct full resentencing or hear Romero motions, but exceeded its authority by modifying the underlying misdemeanor sentences during the correction process.

Reported Criminal Law

Summary

Gonzalez v. Community Mortuary — Impracticability of Performance Is an Equitable Defense Tried to the Court, Not the Jury

Fourth District holds that impracticability of performance is an equitable defense that must be tried to the court rather than the jury and reverses a defense verdict in a breach of contract case arising from a Texas mortuary's body mix-up that resulted in the wrong body being buried in San Diego.

Reported Business Transactions

Summary

People v. Bradley — Stayed Sentences for Unused One Strike Circumstances and Habitual Sexual Offender Law Are Unauthorized

Fourth District affirms forcible rape and related convictions but holds that stayed sentences based on unused One Strike circumstances and the Habitual Sexual Offender law are unauthorized when the defendant is already sentenced under the One Strike law and Three Strikes law for the same offense.

Reported Criminal Law

Summary

The Merchant of Tennis v. Superior Court — Class Action Curative Notice Must Warn of Potential Repayment of Rescinded Settlement Funds

Fourth District holds that a curative notice in a wage and hour class action must warn employees who rescind individual settlement agreements that they may be required to repay the settlement consideration if the employer prevails, applying California Civil Code rescission statutes rather than federal class action precedents.

Reported Labor & Employment Law

Summary

Moramarco v. Nowakoski — Inability to pay is not a defense to Probate Code section 859 civil penalty for double damages against breaching trustee

Fourth District holds that a breaching trustee's inability to pay is not a defense to Probate Code section 859's mandatory double damages penalty and clarifies that postjudgment interest does not accrue on the prejudgment interest portion of the award.

Reported Estate Planning, Probate and Tax Law

Summary

In re E.J. — Penal Code section 29820 firearm prohibition for juvenile offenders is facially constitutional under Bruen framework

Fourth District holds that Penal Code section 29820's firearm prohibition for certain juvenile wards until age 30 is facially constitutional under both the Second Amendment Bruen framework and the Due Process Clause.

Reported Constitutional Law

Summary

Steven N. v. Priscilla C. — Voluntary declaration of parentage is void where birth mother had attempted marriage to another man at the time of the child’s birth

Fourth District holds that a voluntary declaration of parentage is void where the birth mother had attempted to marry another man in apparent compliance with the law, making him a presumed parent under Family Code section 7611(b).

Reported Family Law

Summary

People v. Avena — Section 1473.7 motion granted because counsel did not negotiate immigration-safe plea after intervening change in law

Fourth District grants Penal Code section 1473.7 relief where defense counsel failed to recognize and pursue an immigration-safe plea after Sessions v. Dimaya and United States v. Lynch opened the door to one.

Reported Criminal Law

Summary

5th District Court of Appeal (3)

Martinez v. Sierra Lifestar — Defenses Common to All Class Members Cannot Defeat Typicality of Class Representative’s Claim

Fifth District reverses denial of class certification in wage and hour case challenging exclusion of nondiscretionary bonuses from the regular rate of pay, holding that defenses common to all class members do not defeat typicality of the class representative's claim.

Reported Labor & Employment Law

Summary

Tulare Medical Center Property Owners Assn. v. Valdivia — CC&Rs Adopted by Public Entity Cannot Prohibit Abortion Clinics in Medical Common Interest Development

Fifth District holds that CC&Rs adopted by a public hospital district cannot be enforced to prohibit a clinic from providing abortion services because such enforcement would violate the California Constitution's reproductive freedom guarantee and Civil Code section 531.

Reported Litigation

Summary

In re Bergstrom — Penal Code section 292 validly defines ‘acts of violence’ and ‘great bodily harm’ under California Constitution’s no-bail provision

Fifth District holds that Penal Code section 292's definitions of 'acts of violence' and 'great bodily harm' are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and convincing evidence.

Reported Constitutional Law

Summary

6th District Court of Appeal (5)

People v. Mohammed — Trial Courts Lack Inherent Jurisdiction to Correct Unauthorized Sentences After Judgment Becomes Final

Sixth District holds that trial courts lack inherent jurisdiction to correct unauthorized sentences after judgment becomes final, treats the appeal as a habeas petition, and orders the trial court to vacate a post-judgment resentencing that increased the defendant's sentence.

Reported Criminal Law

Summary

People v. Landrine — Defendant Cannot “Satisfactorily Perform” Mental Health Diversion Without Substantially Complying with Diversion Requirements

Sixth District reverses dismissal of multiple criminal cases under Penal Code section 1001.36 mental health diversion, holding that a defendant who commits several dozen new crimes during diversion has not substantially performed the diversion requirements regardless of progress made afterward.

Reported Criminal Law

Summary

Paknad v. Superior Court — Employer’s Avoidable Consequences Defense Waives Work Product Protection for Investigator’s Factual Findings

Sixth District grants second writ of mandate, holding that an employer that raised the avoidable consequences defense waived work product protection over the investigator's factual findings, and that allowing redactions of all factual findings exceeded the scope of any remaining work product protection.

Reported Labor & Employment Law

Summary

Harcourt v. Tesla — Consumer Expectations Test Cannot Be Used to Prove Defect in Complex Vehicle Safety System

Sixth District affirms nonsuit for Tesla in case where toddler started Model X and ran over his pregnant mother, holding that the consumer expectations test does not apply to complex modern vehicle safety systems and the plaintiff failed to identify any specific design feature that violated ordinary consumer expectations.

Reported Litigation

Summary

Armstrong v. Superior Court — Probation department, not court, decides eligibility for young adult deferred entry of judgment under Penal Code section 1000.7

Sixth District holds that the probation department, not the trial court, decides eligibility for Penal Code section 1000.7's young adult deferred entry of judgment pilot program and rejects separation of powers and abuse of discretion challenges to a denial based on out-of-county residence.

Reported Constitutional Law

Summary

Ninth Circuit Court of Appeals (22)

Hogan v. Bean — Ninth Circuit denies en banc rehearing in death-penalty habeas case, leaving in place panel’s broad reading of Martinez v. Ryan despite forceful nine-judge dissent

The Ninth Circuit denies en banc rehearing in a Nevada death-penalty habeas case, leaving in place a panel decision allowing the petitioner to invoke Martinez v. Ryan to revive long-defaulted trial-ineffective-assistance claims, over a forceful dissent from nine judges.

Reported Constitutional Law

Summary

Sanchez Gonzalez v. U.S. Department of State — Ninth Circuit affirms visa denial of California spouse, holding that even after Muñoz a U.S. citizen’s First Amendment right to hear a noncitizen still triggers limited Mandel review

The Ninth Circuit affirms the denial of a Mexican spouse's visa application, holding that after Department of State v. Muñoz a U.S. citizen spouse can still invoke the Mandel exception based on her First Amendment right to receive information, but that the consular officer's reason-to-believe determination provides a facially legitimate and bona fide basis for denial.

Reported Constitutional Law

Summary

Scott v. Broomfield — Ninth Circuit reverses habeas relief in California death-penalty case, holding the state court reasonably rejected the ineffective-assistance-of-counsel claims under AEDPA’s deferential standard

The Ninth Circuit reverses a federal habeas grant in a California death-penalty case, holding that under AEDPA's doubly deferential standard the California Supreme Court reasonably rejected the petitioner's ineffective-assistance-of-counsel claims, including those based on cumulative prejudice.

Reported Constitutional Law

Summary

Roe v. Johnston — Ninth Circuit stays Arizona injunction that had struck the word ‘operation’ from state birth-certificate-amendment law for transgender residents

The Ninth Circuit grants a stay pending appeal of an Arizona district court injunction that had struck the word 'operation' from the state's birth-certificate-amendment statute, leaving Arizona's surgical-verification requirement in place while the merits appeal proceeds.

Reported Constitutional Law

Summary

Public Interest Legal Foundation v. Nago — Ninth Circuit holds the NVRA’s public inspection provision does not require states to disclose statewide voter lists, only records of voter list maintenance activities

The Ninth Circuit holds that the NVRA's public inspection provision requires states to disclose records about their voter list maintenance activities but not the underlying statewide voter rolls themselves, affirming dismissal of an election-integrity nonprofit's NVRA suit against Hawaii.

Reported Constitutional Law

Summary

Doe 1 v. Meta Platforms — Ninth Circuit holds Section 230 bars Rohingya plaintiffs’ claims that Facebook incited Myanmar violence, with two judges urging the court to reconsider the breadth of platform immunity

The Ninth Circuit affirms dismissal of Rohingya plaintiffs' claims that Facebook's design enabled the spread of anti-Rohingya content in Myanmar, holding that Section 230 immunity bars the suit, with three judges concurring to urge en banc reconsideration of the court's Section 230 doctrine.

Reported Constitutional Law

Summary

Dickinson v. Trump — Ninth Circuit stays Portland injunction restricting federal crowd-control tactics, faulting overbroad class relief and uniform-redesign order in protest-retaliation case

The Ninth Circuit stays a sweeping district court injunction that had restricted federal officers' use of non-lethal crowd-control munitions and ordered ICE agent uniforms redesigned, holding the underlying First Amendment retaliation theory unlikely to succeed and the relief overbroad and improperly class-wide.

Reported Constitutional Law

Summary

Hanan v. USCIS — Ninth Circuit holds the marriage fraud bar applies even when the noncitizen never applied for benefits based on the sham marriage, and that USCIS need not produce the ex-spouse for cross-examination

The Ninth Circuit affirms denial of an I-130 spousal petition under the marriage fraud bar, holding that the bar applies to attempts to enter sham marriages even without follow-on benefits applications and that USCIS need not produce the ex-spouse for cross-examination.

Reported Constitutional Law

Summary

Reach Community Development v. USDHS — Ninth Circuit stays Portland injunction barring tear gas at ICE protests, holding bystanders likely have no substantive-due-process right against incidental chemical exposure

The Ninth Circuit stays a Portland district court injunction barring federal officers from using tear gas to disperse demonstrators outside an ICE facility, holding that nearby apartment residents likely have no substantive-due-process right to be free from incidental chemical exposure.

Reported Constitutional Law

Summary

County of San Bernardino v. Insurance Company of the State of Pennsylvania — Ninth Circuit holds policy’s aggregate limit does not apply to property damage, restoring per-occurrence coverage for Chino Airport environmental cleanup

The Ninth Circuit reverses the dismissal of the County of San Bernardino's coverage suit against ICSOP for cleanup costs at the Chino Airport, holding that the policies' aggregate limits provision is ambiguous and does not cap property-damage coverage.

Reported Business Transactions

Summary

Moving Oxnard Forward v. Lopez — Ninth Circuit en banc upholds Oxnard’s per-candidate and aggregate campaign-contribution limits against First Amendment challenge

Sitting en banc, the Ninth Circuit upholds the City of Oxnard's voter-enacted per-candidate and aggregate campaign-contribution limits, holding the City sufficiently demonstrated an anti-corruption interest and that the limits are closely drawn to that interest under Randall v. Sorrell.

Reported Constitutional Law

Summary

J.R. v. Ventura Unified School District — Ninth Circuit holds IDEA’s two-year clock starts when parents reasonably suspect inadequate special education, not when a later diagnosis confirms it

The Ninth Circuit holds that the IDEA's two-year statute of limitations starts when parents know or should know that the school district has failed to assess their child and that the child's education is inadequate, time-barring the family's claims for special-education services received before 2019.

Reported Constitutional Law

Summary

United States v. State of California — Ninth Circuit grants injunction barring enforcement of California’s No Vigilantes Act ID requirement against federal officers, holding the law violates the Supremacy Clause

The Ninth Circuit grants the United States an injunction pending appeal barring California from enforcing the No Vigilantes Act's visible-identification requirement against federal officers, holding that the law likely violates the Supremacy Clause by directly regulating the federal government's performance of its functions.

Reported Constitutional Law

Summary

Shoshone-Bannock Tribes v. U.S. Department of the Interior — Ninth Circuit denies en banc rehearing in dispute over BLM land exchange involving 1900 ceded reservation lands, leaving panel ruling for the tribes intact

The Ninth Circuit denies panel rehearing and rehearing en banc in the tribes' challenge to a BLM land exchange under FLPMA, leaving in place the panel's ruling that an 1900 cession statute restricts disposal of certain Fort Hall ceded lands.

Reported Constitutional Law

Summary

McAuliffe v. Robinson Helicopter — Ninth Circuit holds GARA’s rolling 18-year repose period restarts for replacement parts even without substantive alteration, reviving Hawaiian crash family’s wrongful-death suit against Torrance manufacturer

The Ninth Circuit holds that GARA's rolling provision restarts the 18-year statute of repose for replacement aircraft parts even when the new part is identical to the original, reviving a wrongful-death suit against Torrance-based Robinson Helicopter Company over a fatal Hawaiian sightseeing crash.

Reported Business Transactions

Summary

United States v. Bolandian — Ninth Circuit vacates insider-trading conviction, holding the trial court abdicated its duty to investigate a juror who said he might not be impartial

The Ninth Circuit vacates an insider-trading conviction because the trial court failed to investigate a juror who said he was unsure of being impartial, instead asking the juror to monitor his own bias, in violation of the Sixth Amendment right to an impartial jury.

Reported Constitutional Law

Summary

Gessele v. Jack in the Box — Ninth Circuit reverses key wage-and-hour rulings, restoring class claims for shortened meal breaks and shoe-cost deductions under Oregon law

The Ninth Circuit reverses key rulings in a long-running Jack in the Box wage-and-hour class action, restoring class claims for shortened meal breaks under Oregon law and for non-slip shoe deductions, and ordering a trial on whether overdeductions for the Oregon Workers' Benefit Fund were willful.

Reported Labor & Employment Law

Summary

Brown v. Salcido — Ninth Circuit denies untimely intervention by absent class members trying to revive damages claims after Google Incognito settlement

The Ninth Circuit affirms denial of intervention by 185 Chrome users who tried to enter the Google Incognito mode privacy class action to appeal the damages-class denial after settlement, holding the motion untimely under Rule 24.

Reported Intellectual Property

Summary

Panelli v. Target Corporation — Ninth Circuit revives California consumer class action over allegedly impossible 800-thread-count cotton sheets, holding a literally false claim can deceive even when its falsity is verifiable

The Ninth Circuit reverses dismissal of a California consumer class action against Target over allegedly impossible 800-thread-count cotton sheets, holding that the literally false advertising framework applies when a label is unambiguous and that a physically impossible claim can still deceive a reasonable consumer.

Reported Business Transactions

Summary

Brown v. The Brita Products Company — Ninth Circuit affirms dismissal of California consumer suit, holding no reasonable consumer expects a $15 water filter to remove every contaminant

The Ninth Circuit affirms dismissal of a California consumer class action against Brita, holding that no reasonable consumer would expect a low-cost water filter to remove every common contaminant when the packaging only claims to 'reduce' specific listed contaminants and directs buyers to a Performance Data Sheet.

Reported Business Transactions

Summary

Gonzales v. Battelle Energy Alliance — Ninth Circuit holds that revoking a Security Police Officer’s fitness-for-duty certification is reviewable under the ADA, distinguishing it from a national-security clearance

The Ninth Circuit holds that a federal contractor's revocation of a Security Police Officer's Part 1046 fitness-for-duty certification is reviewable under the ADA and is not the kind of national-security clearance decision insulated from review under Department of Navy v. Egan.

Reported Constitutional Law

Summary

United States v. Gonzalez-Reyes — Ninth Circuit holds California rape conviction is a categorical match for federal aggravated felony, blocking collateral attack on illegal-reentry charge

The Ninth Circuit holds that a California rape conviction under Penal Code section 261(a)(2) is a categorical match for the federal generic definition of rape, qualifying as an aggravated felony and defeating an illegal-reentry defendant's collateral attack on his prior removal order.

Reported Constitutional Law

Summary