California Case Summaries

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Ninth Circuit Court of Appeals, Administrative Law, Business Transactions

Twenty-Nine Palms Band of Mission Indians v. Blanche — Ninth Circuit Holds California Cigarette Tax and Licensing Laws Apply to a Tribe’s Cigarette Sales to Other California Tribes

The Ninth Circuit affirms placement of a southern-California tribe on ATF's PACT Act non-compliant list, holding that the tribe's remote cigarette sales to other California tribes are off-reservation activities subject to California's licensing and excise-tax laws.

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

People v. Tourville — 2nd District Says Trial Court Cannot Condition Mental-Health Treatment on a No-Contest Plea Where Defendant Is Eligible for Diversion

The Second District holds that when a trial court finds a defendant eligible and suitable for mental-health diversion under Penal Code section 1001.36, requiring a no-contest plea as the price of receiving the same treatment via probation directly conflicts with the statute's purpose.

2nd District Court of Appeal, Criminal Law

People v. Mijares — 2nd District Affirms Murder Conviction Where Defendant’s Attack Was a Substantial Factor in Death Despite Victim’s Preexisting Conditions

The Second District affirms a first-degree murder conviction, holding the trial court had no duty to instruct on attempted murder where the defendant's brutal attack was a substantial factor in the victim's death even though the victim had grave preexisting heart and liver disease.

Ninth Circuit Court of Appeals, Constitutional Law, Litigation

3Pak LLC v. City of Seattle — Ninth Circuit Holds State-Created Danger Doctrine Doesn’t Cover Pure Economic Loss, but Revives State Nuisance Claim Under Equitable Tolling

The Ninth Circuit publishes that the state-created danger doctrine reaches only bodily-integrity harm, not lost profits — but reverses dismissal of state-law nuisance claims to let businesses pursue equitable tolling under American Pipe.

California Supreme Court, Constitutional Law, Criminal Law

People v. Morris — California Supreme Court Says Non-Killer Must Aid the Lethal Act, Not Just the Underlying Felony, to Be Guilty of First-Degree Felony Murder

The California Supreme Court holds that a non-killer accomplice with intent to kill is guilty of first-degree felony murder only if they aided the actual killer in the lethal act itself, not merely the underlying felony — reopening resentencing for many defendants previously denied.

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

In re Parker B. — 4th District Says Unqualified WIC Section 782 Dismissal Encompasses Findings, Allowing Sealing of Section 707(b) Juvenile Records

The Fourth District holds that an unqualified Welfare and Institutions Code section 782 dismissal encompasses the underlying findings, satisfying section 786(d)'s "dismissed" condition for sealing serious juvenile offense records — but the firearm restriction survives.

Ninth Circuit Court of Appeals, Constitutional Law, Litigation

Hogan v. Bean — Ninth Circuit denies en banc rehearing in death-penalty habeas case, leaving in place panel’s broad reading of Martinez v. Ryan despite forceful nine-judge dissent

The Ninth Circuit denies en banc rehearing in a Nevada death-penalty habeas case, leaving in place a panel decision allowing the petitioner to invoke Martinez v. Ryan to revive long-defaulted trial-ineffective-assistance claims, over a forceful dissent from nine judges.

Ninth Circuit Court of Appeals, Constitutional Law, Immigration

Sanchez Gonzalez v. U.S. Department of State — Ninth Circuit affirms visa denial of California spouse, holding that even after Muñoz a U.S. citizen’s First Amendment right to hear a noncitizen still triggers limited Mandel review

The Ninth Circuit affirms the denial of a Mexican spouse's visa application, holding that after Department of State v. Muñoz a U.S. citizen spouse can still invoke the Mandel exception based on her First Amendment right to receive information, but that the consular officer's reason-to-believe determination provides a facially legitimate and bona fide basis for denial.

1st District Court of Appeal, Criminal Law, Litigation

People v. Hsiung — Animal Rights Activist’s Trespass Convictions Partially Reversed for Erroneous Limitation on Mistake of Law Defense

First District partially reverses animal rights activist's trespass convictions arising from open-rescue activities at Sonoma County poultry farms, holding the trial court erred by limiting evidence of the defendant's good-faith mistake of law about the legality of his conduct under the necessity doctrine, while affirming the misdemeanor trespass conviction and rejecting First Amendment challenges.

4th District Court of Appeal, Civil Procedure, Family Law

In re Marriage of Nishida & Kamoda — Civil Lawsuit Alleging Fraud in Marital Stipulation Was Timely and Should Not Have Been Dismissed After Transfer to Family Law Court

Fourth District reverses dismissal of civil fraud lawsuit alleging misrepresentation in connection with marital settlement stipulation, holding that the lawsuit was timely filed and should not have been dismissed under Family Code section 2122 after transfer to family law court.

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