California Case Summaries

3rd District Court of Appeal, Environmental Law, Real Estate Law

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.

1st District Court of Appeal, Administrative Law, Constitutional Law

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.

5th District Court of Appeal, Constitutional Law, Criminal Law

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.

2nd District Court of Appeal, Litigation, Real Estate Law

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.

3rd District Court of Appeal, Labor & Employment Law, Litigation

Pechkis v. Trustees of California State University — Anti-SLAPP fails where retaliation claims do not arise exclusively from protected investigatory activity

Third District affirms denial of an anti-SLAPP motion in a CSU professor retaliation case, holding that claims based 'in part' on communications with another university do not arise from protected activity when other unprotected employment decisions also support the claim.

5th District Court of Appeal, Administrative Law, Constitutional Law

City of Fresno v. Superior Court — ‘Great bodily injury’ in Penal Code section 832.7 means significant or substantial physical injury, not the narrower ‘serious bodily injury’ standard

Fifth District holds that 'great bodily injury' in Penal Code section 832.7 carries the long-established Penal Code section 12022.7 definition of significant or substantial physical injury, requiring broader disclosure of police K-9 use-of-force records under the CPRA.

4th District Court of Appeal, Administrative Law, Litigation

Dion v. Weber — Secretary of State cannot relitigate fraud claim’s merits in payment proceeding from Victims of Corporate Fraud Compensation Fund; $50,000 per claimant cap enforced

Fourth District holds that the Secretary of State cannot relitigate the merits of an underlying fraud claim in a Victims of Corporate Fraud Compensation Fund proceeding but enforces the $50,000 per claimant statutory cap on awards.

1st District Court of Appeal, Family Law

Marriage of Jenkins — Default judgment vacated where dissolution petition listed assets only as ‘to be determined’; Code of Civil Procedure section 580 limits relief in default to what was actually pleaded

First District holds that a default dissolution judgment must be vacated under Code of Civil Procedure section 580 when the petition listed assets only as 'to be determined' and the responding spouse lacked notice of the actual property division being sought.

3rd District Court of Appeal, Healthcare Law, Litigation

Wright v. WellQuest Elk Grove — California arbitration procedural rules apply by default; trial court properly refused to compel arbitration over wrongful death and elder neglect claims

Third District holds that a memory care facility's selection of the FAA does not displace California's section 1281.2(c) procedural provisions, allowing the trial court to deny arbitration of survivor and wrongful death claims based on the risk of conflicting rulings.

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