Author: automatic

Ninth Circuit Court of Appeals, Business Transactions, Litigation

Brown v. The Brita Products Company — Ninth Circuit affirms dismissal of California consumer suit, holding no reasonable consumer expects a $15 water filter to remove every contaminant

automatic / April 16, 2026

The Ninth Circuit affirms dismissal of a California consumer class action against Brita, holding that no reasonable consumer would expect a low-cost water filter to remove every common contaminant when the packaging only claims to 'reduce' specific listed contaminants and directs buyers to a Performance Data Sheet.

Ninth Circuit Court of Appeals, Constitutional Law, Labor & Employment Law

Gonzales v. Battelle Energy Alliance — Ninth Circuit holds that revoking a Security Police Officer’s fitness-for-duty certification is reviewable under the ADA, distinguishing it from a national-security clearance

automatic / April 16, 2026

The Ninth Circuit holds that a federal contractor's revocation of a Security Police Officer's Part 1046 fitness-for-duty certification is reviewable under the ADA and is not the kind of national-security clearance decision insulated from review under Department of Navy v. Egan.

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

Aerni v. RR San Dimas, L.P. — Civil Code Section 1940.1 Does Not Require Individualized Proof of “Primary Residence” for Class Certification

automatic / April 16, 2026

Second District reverses denial of class certification in 28-day shuffle case under Civil Code section 1940.1, holding that whether a hotel qualifies as a residential hotel turns on building-wide use patterns rather than individualized proof of each class member's primary residence.

4th District Court of Appeal, Criminal Law, Litigation

People v. Superior Court (Austin) — Judge Who Was Former Homicide Prosecutor Must Be Disqualified from Racial Justice Act Hearing Challenging That Office’s Charging Practices

automatic / April 16, 2026

Fourth District grants writ of mandate disqualifying a judge from presiding over a California Racial Justice Act hearing because her prior service as a homicide prosecutor in the same District Attorney's Office whose charging practices are under review created an appearance of bias.

4th District Court of Appeal, Business Transactions, Litigation

NNN Capital Fund I, LLC v. Mikles — Standing of Purported LLC Representatives Is a Jurisdictional Issue That May Be Raised at Any Time, Including After Arbitration

automatic / April 16, 2026

Fourth District vacates judgment confirming arbitration award and remands for the trial court to determine whether the purported liquidating trustees who brought the action on behalf of an LLC had standing under the company's operating agreement, holding that jurisdictional standing may be challenged at any time.

4th District Court of Appeal, Criminal Law, Litigation

People v. Harzan — Conviction Reversed Where Trial Court Forced Defendant to Choose Between Entrapment Defense and Excluding Decades-Old Sexual Misconduct Evidence

automatic / April 16, 2026

Fourth District reverses conviction where the trial court forced the defendant to choose between asserting a valid entrapment defense and admission of decades-old sexual misconduct evidence from his teenage years, holding that the conditioning violated his constitutional right to present a defense.

Ninth Circuit Court of Appeals, Constitutional Law, Immigration

United States v. Gonzalez-Reyes — Ninth Circuit holds California rape conviction is a categorical match for federal aggravated felony, blocking collateral attack on illegal-reentry charge

automatic / April 15, 2026

The Ninth Circuit holds that a California rape conviction under Penal Code section 261(a)(2) is a categorical match for the federal generic definition of rape, qualifying as an aggravated felony and defeating an illegal-reentry defendant's collateral attack on his prior removal order.

1st District Court of Appeal, Criminal Law, Litigation

In re Sebastian C. — Family Home with Community-Based Programming May Qualify as Less Restrictive Program Under Welfare and Institutions Code Section 875

automatic / April 15, 2026

First District holds that placement in a family member's home with community-based programming and supervision can qualify as a "less restrictive program" under Welfare and Institutions Code section 875(f), even though the appeal was dismissed as moot after the youth was placed with his mother.

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

Walton v. Victor Valley Community College District — Nursing Student May Pursue FEHA, Education Code, and Government Claims Against District for Faculty Sexual Harassment

automatic / April 15, 2026

Fourth District reverses summary judgment for community college district on nursing student's sexual harassment claims, holding that the student has standing under FEHA, that her detailed pre-litigation letter substantially complied with the Government Claims Act, and that triable issues exist on her Education Code section 66270 deliberate indifference claim.

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

The Retail Property Trust v. Orange County Assessment Appeals Board — COVID-19 Pandemic Restrictions Did Not Cause “Damage” Triggering Tax Reassessment Under Section 170

automatic / April 15, 2026

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.

1st District Court of Appeal, Civil Procedure, Litigation

Zand v. Sukumar — Court of Appeal Sanctions Frivolous Appeal Attacking Anti-SLAPP Fee Award Already Affirmed in Prior Appeal

automatic / April 14, 2026

First District affirms a $41,580 attorney's fee award and imposes sanctions for a frivolous appeal where a self-represented litigant attempted to use a second appeal to attack the underlying anti-SLAPP ruling already affirmed in a prior appeal.

4th District Court of Appeal, Criminal Law, Litigation

People v. Espiritu — Trial Court’s Failure to Recognize Presumptively Invalid Reason for Peremptory Challenge Requires Reversal Under Section 231.7

automatic / April 13, 2026

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.

1st District Court of Appeal, Construction Law, Personal Injury & Tort

Cordero v. Ghilotti Construction — Privette Doctrine Bars Subcontractor Worker’s Claim Against Turnkey Contractor for Slip-and-Fall Despite Cal-OSHA Regulation

automatic / April 10, 2026

First District affirms summary judgment for turnkey contractor under the Privette doctrine in suit by injured rebar subcontractor employee, holding that morning site preparation including dewatering does not constitute affirmative contribution under Hooker and that Cal-OSHA regulations are generally delegable through subcontracts.

2nd District Court of Appeal, Administrative Law, Labor & Employment Law

L.A. County Professional Peace Officers Assn. v. County of L.A. — Union Did Not Clearly and Unmistakably Waive Right to Bargain Over Outsourcing Decision

automatic / April 10, 2026

Second District holds that a public employee union did not clearly and unmistakably waive its right to bargain over an outsourcing decision through an MOU clause referring to "reorganization," reversing dismissal of an unfair practice charge against Los Angeles County.

1st District Court of Appeal, Banking & Finance, Litigation

Y.P. v. Wells Fargo — Bank Employee’s Assurance That Fraudulent Check Had Cleared States Negligent Misrepresentation Claim

automatic / April 9, 2026

First District holds that a Wells Fargo employee's assurance that a fraudulent check had cleared states a cause of action for negligent misrepresentation, while affirming dismissal of breach of contract and other claims based on the deposit account agreement's express disclaimers.

4th District Court of Appeal, Criminal Law, Litigation

People v. Sanchez — Court Correcting Clerical Sentencing Error Cannot Modify Misdemeanor Sentences and Need Not Conduct Full Resentencing

automatic / April 9, 2026

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.

4th District Court of Appeal, Criminal Law, Litigation

People v. Bradley — Stayed Sentences for Unused One Strike Circumstances and Habitual Sexual Offender Law Are Unauthorized

automatic / April 8, 2026

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.

4th District Court of Appeal, Business Transactions, Litigation

Gonzalez v. Community Mortuary — Impracticability of Performance Is an Equitable Defense Tried to the Court, Not the Jury

automatic / April 8, 2026

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.

5th District Court of Appeal, Litigation, Real Estate Law

Tulare Medical Center Property Owners Assn. v. Valdivia — CC&Rs Adopted by Public Entity Cannot Prohibit Abortion Clinics in Medical Common Interest Development

automatic / April 8, 2026

Fifth District holds that CC&Rs adopted by a public hospital district cannot be enforced to prohibit a clinic from providing abortion services because such enforcement would violate the California Constitution's reproductive freedom guarantee and Civil Code section 531.

2nd District Court of Appeal, Criminal Law, Litigation

People v. Player — Jury’s Not-True Firearm Findings Do Not Collaterally Estop Resentencing Court from Finding Defendant Was Actual Killer

automatic / April 7, 2026

Second District holds that a jury's not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining People v. Hart.

California Supreme Court, Constitutional Law, Criminal Law

People v. Deen — Death Sentence Reversed Because Trial Court Failed to Probe Juror’s Possible Bias from Knowing the Murdered Police Chief

automatic / April 6, 2026

The California Supreme Court reverses Omar Deen's capital conviction and death sentence because the trial court failed to adequately examine whether a juror who had a personal connection to the murdered police chief harbored actual bias.

2nd District Court of Appeal, Family Law, Litigation

In re Marriage of Bowman — Family Court May Apply Family Code Fee Factors Even When MSA Has Prevailing Party Clause

automatic / April 3, 2026

Second District holds that the family law court retains discretion under Family Code sections 2030 and 2032 to consider parties' relative financial circumstances when fixing attorney's fees, even where a marital settlement agreement contains a contractual prevailing party fee clause.

2nd District Court of Appeal, Civil Procedure, Litigation

Albarghouti v. LA Gateway Partners — California False Claims Act Seal Lifts Automatically After 60 Days Absent Extension

automatic / April 2, 2026

Second District holds that the seal on a California False Claims Act qui tam complaint lifts automatically after the statutory 60-day period absent a government request for extension, and that any seal violations are not grounds for sustaining a demurrer.

2nd District Court of Appeal, Criminal Law, Litigation

In re Melson — Murder Conviction Vacated for Napue Error and Ineffective Assistance Where Prosecutor Failed to Correct False Eyewitness Testimony

automatic / April 2, 2026

Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses' actual statements, applying the Supreme Court's recent Glossip v. Oklahoma decision.

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

The Merchant of Tennis v. Superior Court — Class Action Curative Notice Must Warn of Potential Repayment of Rescinded Settlement Funds

automatic / April 2, 2026

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.