Second District (on rehearing) holds Santa Barbara’s modernized video users’ tax applies to internet video streaming services like Hulu, Disney+, and ESPN+, and rejects challenges under the federal Internet Tax Freedom Act, the First Amendment, and California Constitution Article XIII C.
Second District holds a personal-injury plaintiff’s pretrial settlement offer conditioned on the defendant’s insurer’s consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated or not.
Second District affirms a one-year LPS conservatorship renewal, holding the trial court adequately honored the conservatee’s jury-trial rights where she demanded a jury trial, was given time to consult counsel, and then personally withdrew her demand and confirmed her choice on the record.
Second District holds the California State University has a duty under HEERA to bargain over reasonably foreseeable effects of its 2023 student-vaccine policy on faculty health, but vacates PERB’s violation finding because there was no substantial evidence CSU had implemented the policy or definitively refused to bargain when the unfair-practice charge was filed.
Second District affirms a 25-years-to-life sentence after a section 1172.75 resentencing, holding that Senate Bill 81’s amendments to Penal Code section 1385(c) do not apply to dismissal of prior strike convictions under the Three Strikes Law.
Second District holds that California’s Investigative Consumer Reporting Agencies Act gives applicants standing to sue for $10,000 in statutory damages without proving actual harm, but Unfair Competition Law claims still require a concrete economic injury.
Second District reverses denial of a domestic violence restraining order, holding the trial court applied the wrong legal standard in evaluating whether the petitioner’s ex-wife’s conduct — repeated stalking, threats, and unwanted entries — constituted abuse under the Domestic Violence Prevention Act.
Second District holds that a plaintiff who defeats an early bond motion under Corporations Code section 17709.02 is still subject to the ordinary cost-shifting rules if he ultimately loses the derivative suit on the merits.
Second District applies In re Dezi C.’s substantial-evidence review and holds that DCFS’s failure to interview the paternal grandfather did not undermine an ICWA inquiry that included both parents and seven other paternal relatives.
Second District holds that under California’s Song-Beverly Consumer Warranty Act, only the actual buyer has standing to sue for restitution, but a manufacturer cannot reduce its restitution by the amount of a third-party insurance payout the buyer received after the car was wrecked.