California Case Summaries

4th District Court of Appeal, Litigation, Real Estate Law

Ashirwad, LLC v. Bradbury — Tenant’s Post-Lease Payment During COVID Did Not Necessarily Create a Month-to-Month Tenancy Under Civil Code Section 1945

Fourth District affirms a bench-trial finding that commercial tenants rebutted Civil Code section 1945's presumption of month-to-month tenancy after their lease expired during COVID-19, where the tenants paid one month as a goodwill gesture and never agreed to continue.

2nd District Court of Appeal, Constitutional Law, Criminal Law

In re Lynex — Racial Justice Act Petitioner Entitled to Counsel on a ‘Plausible Allegation’ Standard, Not a Prima Facie Showing

Second District grants writ of mandate, holding that an indigent petitioner under California's Racial Justice Act must show only a 'plausible allegation' of a violation to obtain counsel — not a prima facie showing of entitlement to relief — and may amend his petition to meet that standard.

4th District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Haun v. Pagano — Successful Petitioner in Financial-Elder-Abuse Case Could Recover Fees Even Though He Defended Competing Cross-Claim

Fourth District holds that a successful petitioner in a financial-elder-abuse trust dispute may recover attorney fees under Welfare and Institutions Code section 15657.5(a), even though he also defended against the wrongdoers' competing cross-claim for elder abuse.

4th District Court of Appeal, Administrative Law, Labor & Employment Law

Bishop v. SDCERA — Public Employee’s Pension Forfeiture Survives Reduction of Felony Conviction to Misdemeanor

Fourth District holds a public employee 'convicted' of a job-related felony — by guilty plea — forfeits a portion of his pension benefits under Government Code section 7522.74, and that forfeiture is not undone when the felony is later reduced to a misdemeanor under Penal Code section 17(b).

4th District Court of Appeal, Criminal Law, Litigation

People v. T.B. — ‘Less Onerous Alternatives’ to Court-Ordered ECT Means Medical Alternatives, Not Surrogate-Consent Procedures

Fourth District affirms a trial court order authorizing electroconvulsive therapy for an incarcerated patient with treatment-resistant schizoaffective disorder, holding that 'no less onerous alternatives' under Penal Code section 2679(b) refers to medical alternatives, not surrogate-consent procedures.

2nd District Court of Appeal, Civil Procedure, Collections & Creditor Rights, Litigation

Bagby v. Davis — California Law Governs Collection in California Courts; Surrendered Life Insurance Policy Not Necessarily Exempt

Second District holds California exemption law applies to collection actions in California courts regardless of where the judgment debtor lives, and that funds rolled over from a surrendered life insurance policy into IRAs are not categorically exempt from levy.

1st District Court of Appeal, Criminal Law, Litigation

People v. Alston — Conviction Reversed Where Trial Court Failed to Explain Reasons for Overruling Section 231.7 Objection to Peremptory Strike

First District reverses an attempted-lewd-act conviction, holding the trial court violated Code of Civil Procedure section 231.7(d)(1) by failing to explain its reasons for overruling defense counsel's objection to the prosecutor's peremptory strike of a prospective juror.

4th District Court of Appeal, Constitutional Law, Criminal Law

People v. Zapata — Confession to Undercover ‘Perkins’ Operatives Inadmissible When Suspect Had Invoked Right to Counsel

Fourth District reverses a second-degree-murder conviction, holding that statements obtained from a defendant during an undercover Perkins operation were inadmissible under Miranda because the suspect had invoked his right to counsel and a known law-enforcement officer continued to 'stimulate' the operation in a manner that amounted to custodial interrogation.

6th District Court of Appeal, Administrative Law, Labor & Employment Law, Litigation

Zenith Insurance Co. v. Workers’ Compensation Appeals Board — WCAB Lacked Jurisdiction to Grant Reconsideration After 60-Day Statutory Deadline

Sixth District reverses a Workers' Compensation Appeals Board reconsideration order, holding the Board exceeded its jurisdiction by granting reconsideration after the former section 5909 60-day deadline ran and that the narrow grounds for equitable tolling were not satisfied.

4th District Court of Appeal, Business Transactions, Litigation

Grant v. Chapman University — University Statements About On-Campus Education Are Not Specific Enough to Form an Implied Promise of In-Person Instruction

Fourth District affirms summary judgment for Chapman University in a COVID-19 tuition-refund case, holding that the university's general descriptions of campus facilities and 'face-to-face' contact were not specific enough to form an enforceable implied promise of in-person education.

Appellate Division (Superior Court), Civil Procedure, Litigation, Real Estate Law

Gerard v. Cuevas — Trial Court Abused Discretion by Imposing Terminating Sanction for Tenant’s Failure to Comply With Last-Minute Notice to Attend Trial

Los Angeles Appellate Division reverses an unlawful-detainer default judgment and terminating sanction, holding the trial court abused its discretion by retroactively shortening Code of Civil Procedure section 1987's 10-day notice period to 91 minutes and then striking the tenant's answer for not appearing.

1st District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Conservatorship of A.B. — Substantial Evidence Supported Renewal of LPS Conservatorship and Involuntary Medication Order for Person With Schizophrenia

First District affirms LPS conservatorship renewal and involuntary medication order for a 42-year-old man with undifferentiated schizophrenia, finding substantial evidence supports continued grave disability and incompetence to refuse antipsychotic medication.

4th District Court of Appeal, Labor & Employment Law, Litigation

Parsonage v. Wal-Mart Associates — ICRAA $10,000 Statutory Damages Available Without Proof of Concrete Injury in Employment Background-Check Cases

Fourth District reverses summary judgment for Wal-Mart, holding California's Investigative Consumer Reporting Agencies Act allows employees to recover the $10,000 statutory damages award for ICRAA disclosure violations without proving any concrete injury such as an adverse employment decision.

Appellate Division (Superior Court), Collections & Creditor Rights, Litigation

Spring Oaks Capital SPV v. Fowler — Debt Buyer Cannot Win Trial Without Disclosed Witness Address and Properly Authenticated Business Records

Santa Clara Appellate Division reverses a debt-buyer's trial judgment, holding the trial court erred in admitting testimony from an undisclosed witness and account records that were not properly authenticated under the business-records hearsay exception.

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