5th District Court of Appeal, Criminal Law

People v. Gonzalez — Trial Court Properly Used Aggravating Factors Tied to Prior Convictions for Upper-Term Sentence; Strike Vacated After Fletcher

automatic / February 26, 2026

Fifth District holds (on transfer from the California Supreme Court) that trial courts may impose upper-term sentences based on California Rules of Court rule 4.421(b) factors derived from prior convictions, but vacates the prior-strike finding under People v. Fletcher.

California Supreme Court, Criminal Law

People v. Morgan — Assault Is Not a Lesser Included Offense of Resisting an Officer by Force or Violence

automatic / February 26, 2026

The California Supreme Court holds that assault is not a lesser included offense of resisting an officer by force or violence under Penal Code section 69, because resistance does not require the present ability to inflict harm.

4th District Court of Appeal, Criminal Law, Family Law, Litigation

J.S. v. D.A. — Trial Court Again Erred by Issuing DVRO Without Addressing Incarcerated Respondent’s Request to Appear by Phone

automatic / February 25, 2026

Fourth District reverses a five-year DVRO for the second time, holding the trial court again denied the incarcerated respondent meaningful access to the courts by issuing the order without addressing his request to appear telephonically.

2nd District Court of Appeal, Business Transactions, Litigation

Jogani v. Jogani — $6.85 Billion Verdict in Brothers’ Real-Estate Partnership Suit Conditionally Affirmed; Lost-Profits Expert Testimony Excluded

automatic / February 24, 2026

Second District conditionally affirms a $6.85 billion verdict in a five-month trial over the Jogani brothers' real-estate partnership, but orders a remittitur because Shashi Jogani's damages expert testified to an undisclosed lost-profits opinion exceeding $1.9 billion.

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

In re Christian V. — Amended Juvenile Restitution Statute Did Not Apply Retroactively Where Minor’s Case Became Final Before the Effective Date

automatic / February 24, 2026

Fourth District affirms a juvenile court's joint-and-several restitution order, holding the January 2025 amendment to Welfare and Institutions Code section 730.6 — which replaced joint-and-several liability with several liability based on percentage of fault — does not apply retroactively to a case that became final before the amendment took effect.

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

automatic / February 23, 2026

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.

4th District Court of Appeal, Environmental Law, Litigation

Environmental Health Advocates v. Pancho Villa’s — Substantial Compliance Governs Proposition 65 Pre-Suit Notice Requirements

automatic / February 20, 2026

Fourth District holds Proposition 65's pre-suit notice regulation is directory rather than mandatory, and that substantial compliance — not strict compliance — governs the validity of the 60-day notice for private-enforcement actions.

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

automatic / February 19, 2026

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, Administrative Law, Labor & Employment Law

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

automatic / February 18, 2026

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

automatic / February 18, 2026

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.

4th District Court of Appeal, Criminal Law, Litigation

Flareau v. Superior Court — Trial Court Abused ‘Residual’ Discretion to Deny Mental-Health Diversion Without Proper Analysis

automatic / February 18, 2026

Fourth District grants writ relief, holding that a Riverside County trial court abused its 'residual' discretion under Penal Code section 1001.36 by denying mental-health diversion without proper analysis of the statute's eligibility and suitability criteria.

3rd District Court of Appeal, Litigation, Personal Injury & Tort

Nichols v. Alghannam — Late-Added Pain-Pump Doctor Could Not Be Sued After Statute of Limitations; No Elder-Abuse Conduct Pleaded

automatic / February 18, 2026

Third District affirms dismissal of malpractice and elder-abuse claims against a pain-management doctor added years after the patient's overdose death, holding the negligence claims were time-barred and the complaint did not allege elder-abuse-level conduct.

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

automatic / February 18, 2026

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.

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

automatic / February 17, 2026

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.

4th District Court of Appeal, Civil Procedure, Litigation

Hatlevig v. General Motors LLC — Motion for Attorney Fees Untimely When Filed and Served More Than 180 Days After Court-Ordered Dismissal Took Effect

automatic / February 17, 2026

Fourth District affirms denial of a Song-Beverly plaintiff's attorney-fee motion as untimely, holding the motion had to be served within 180 days of the court-ordered dismissal date even though the parties had not formally filed a dismissal.

4th District Court of Appeal, Criminal Law

People v. Gutierrez — Tree-Mortality State of Emergency Was Not Statewide; Arson Sentence Enhancement Requires Proof Fire Was in a Designated Hazard Zone

automatic / February 17, 2026

Fourth District affirms a felony arson conviction but reverses the state-of-emergency sentencing enhancement, holding the 2015 tree-mortality emergency proclamation did not extend statewide and the prosecution failed to prove the fire was in a designated hazard zone.

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

automatic / February 13, 2026

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.

2nd District Court of Appeal, Business Transactions, Litigation

Diaz v. Thor Motor Coach — Out-of-State Forum-Selection Clause in RV Warranty Unenforceable Against Song-Beverly Claim Even With Stipulation Preserving California Law

automatic / February 13, 2026

Second District reverses an order staying a Song-Beverly action against Thor Motor Coach, holding the warranty's Indiana forum-selection clause is unenforceable even when accompanied by a stipulation that California law would govern.

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

Anaheim Police Dept. v. Crockett — Gun Violence Restraining Order Properly Issued Against Father Whose Son Threatened a School Shooting

automatic / February 13, 2026

Fourth District affirms a Gun Violence Restraining Order against a father whose adult son with a documented mental-health history threatened a mass shooting at a local high school, holding the order survives Second Amendment, vagueness, and overbreadth challenges.

1st District Court of Appeal, Criminal Law

People v. Flores — Electronics-Search Probation Condition Upheld for Defendant Who Used VOIP and Text to Sell Fentanyl Pills

automatic / February 11, 2026

First District affirms a probation condition allowing warrantless electronics searches as imposed on a defendant who used VOIP and text-message accounts to coordinate the sale of 1,000 fentanyl pills.

2nd District Court of Appeal, Criminal Law

People v. Diaz — Section 1172.6 Resentencing Unavailable for Direct Aider and Abettor of Murder Who Acted With Intent to Kill

automatic / February 11, 2026

Second District affirms denial of section 1172.6 resentencing relief for a defendant convicted of four counts of first-degree murder, holding she remained guilty under current law as a direct aider and abettor with intent to kill — a theory that survived Senate Bill 1437.

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

automatic / February 10, 2026

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

automatic / February 10, 2026

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.

1st District Court of Appeal, Criminal Law

In re J.C. — Brandishing an Imitation Firearm Does Not Trigger Penal Code’s Firearm Prohibition for Juvenile Offenders

automatic / February 9, 2026

First District holds that brandishing an imitation firearm under Penal Code section 417.4 is not among the offenses that trigger the juvenile-firearm ban under Penal Code section 29820, and vacates that probation condition.

2nd District Court of Appeal, Family Law, Litigation

In re Reyna R. — Juvenile Court Must Consider Father’s Ability to Pay Before Requiring Professional Visitation Monitor at His Expense

automatic / February 9, 2026

Second District holds that a juvenile court ordering monitored visitation by a paid professional must first consider the parent's ability to pay and the availability of reasonable alternatives, where the parent has timely raised an inability-to-pay objection.

2nd District Court of Appeal, Family Law

Marriage of Allen — Parents Cannot Contractually Waive Child-Support Arrearages, Even After the Children Reach the Age of Majority

automatic / February 6, 2026

Second District holds that California's prohibition on parental contractual waiver of child-support arrearages applies even after the children have reached the age of majority and there is no current support order in place.

4th District Court of Appeal, Civil Procedure, Litigation

Semaan v. Mosier — Court-Appointed Receivers Are Protected by Quasi-Judicial Immunity for Discretionary Acts; Anti-SLAPP Motion Granted

automatic / February 6, 2026

Fourth District holds that a court-appointed receiver is protected by quasi-judicial immunity for discretionary acts and decisions, affirming the grant of an anti-SLAPP motion to strike claims against the receiver brought by a criminal defendant and his family.

1st District Court of Appeal, Civil Procedure, Litigation

Bartholomew v. Parking Concepts, Inc. — Collecting License Plate Data Without Required ALPR Policy Is Itself a Cognizable Harm

automatic / February 5, 2026

First District holds a parking-garage operator's collection of customers' license-plate information without the publicly available ALPR policy California law requires is itself the kind of harm that supports a private suit under the ALPR Law.

4th District Court of Appeal, Criminal Law, Litigation

Esparza v. Superior Court — LPS Grave-Disability Finding Is Not Equivalent to Incompetence to Testify Under Evidence Code Section 701

automatic / February 5, 2026

Fourth District grants writ relief, holding that a probate court's grave-disability finding under the LPS Act does not establish that the person is incompetent to testify under Evidence Code section 701, which requires its own determination.

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

automatic / February 5, 2026

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.