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.
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.
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.
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.
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.
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.
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.
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).
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.
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.