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.
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.
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.
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.
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.
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.
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.
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.
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.
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.