Author: automatic

3rd District Court of Appeal, Administrative Law, Litigation

Conservatorship of R.R. — LPS Conservatorship Begins on Date of Court Order, Not Expiration of Prior Conservatorship

automatic / May 20, 2026

The Third District Court of Appeal held that a renewed LPS conservatorship begins on the date the court issues its reappointment order, not retroactively on the day after the prior conservatorship expired.

4th District Court of Appeal, Collections & Creditor Rights, Family Law, Litigation

Greely v. Greely — Void Bigamous Marriage Defeats Spousal Exception for Bank Account Levies

automatic / May 20, 2026

The Fourth District held that a judgment creditor cannot use the spousal exception to levy a third party’s bank accounts without a court order when the marriage supporting the levy was bigamous and void from its inception.

Ninth Circuit Court of Appeals, Criminal Law

United States v. Tekola — Drug Trafficking Enhancement Applies Even When Defendant’s Apartment Is Also His Home

automatic / May 20, 2026

The Ninth Circuit affirmed a sentencing enhancement for maintaining a drug distribution premises, holding that a defendant’s apartment can qualify even when it also serves as his primary residence.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

United States v. Kheyre — Departures Excluded from Amended Guideline Range in Sentence Reduction Proceedings

automatic / May 20, 2026

The Ninth Circuit held that courts may not include departures when calculating the amended guideline range in sentence reduction proceedings under 18 U.S.C. § 3582(c)(2), making defendants whose original sentences fell below the amended range ineligible for reductions.

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

Colonial Manor v. Reyes — Surviving Spouse Protected by Santa Monica Rent Control Despite Costa-Hawkins

automatic / May 19, 2026

The Appellate Division held that a surviving spouse who lived in a Santa Monica rent-controlled apartment with the original tenant was an implied at-will tenant protected by the city's rent control charter, and that Costa-Hawkins did not preempt those local protections.

California Supreme Court, Criminal Law, Litigation

People v. Mitchell — California Supreme Court Holds Defendants Who Agreed to Upper Term Sentences via Plea Bargain May Seek Retroactive Benefit of SB 567

automatic / May 18, 2026

The California Supreme Court unanimously held that defendants who accepted upper term sentences as part of a plea bargain may seek retroactive benefit of SB 567’s amendments to Penal Code section 1170(b), but the remedy is a remand for the defendant to waive, renegotiate, or withdraw the plea—not an automatic sentence reduction.

3rd District Court of Appeal, Civil Procedure, Criminal Law, Litigation

Nuanmanee v. Superior Court — Court of Appeal Holds Defendant Was Not ‘Brought to Trial’ When Court Policy Prevented Jury Empanelment on Last Statutory Day

automatic / May 18, 2026

The Third District Court of Appeal granted a writ of mandate ordering dismissal of a misdemeanor DUI case after the trial court’s policy of not empaneling juries on Mondays prevented the defendant from being brought to trial on the last statutory day under Penal Code section 1382.

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

Dept. of Human Resources v. CCPOA — Court of Appeal Upholds Arbitrator’s Award Reversing Union Rep’s 60-Day Suspension

automatic / May 15, 2026

The Third District Court of Appeal reversed the trial court and upheld an arbitrator’s award that set aside a correctional officer’s 60-day suspension, holding that the award did not contravene any explicit public policy despite conflicting with the State Personnel Board’s earlier ruling.

1st District Court of Appeal, Criminal Law

People v. Lopez-Tapia — Court Holds Childhood Trauma Must Be Linked to Specific Offense to Trigger Lower-Term Presumption

automatic / May 15, 2026

The First District Court of Appeal affirmed a middle-term sentence for witness dissuasion, holding that evidence of childhood trauma alone does not trigger the lower-term presumption under Penal Code section 1170(b)(6) without sufficient evidence linking that trauma to the specific offense.

2nd District Court of Appeal, Civil Procedure, Personal Injury & Tort

Sargenti v. City of Long Beach — Court Affirms Summary Judgment for City in E-Scooter Sidewalk Fall, Limits Sweetwater Doctrine

automatic / May 15, 2026

The Second District affirmed summary judgment for the City of Long Beach in an e-scooter sidewalk injury case, holding that amended interrogatory responses don’t automatically create triable issues and that the Sweetwater rule for anti-SLAPP evidence does not extend to summary judgment.

Appellate Division (Superior Court), Family Law, Real Estate Law

Colonial Manor v. Reyes — Surviving Spouse Protected by Rent Control After Original Tenant’s Death, Costa-Hawkins Does Not Preempt

automatic / May 15, 2026

The Appellate Division of LA Superior Court affirmed judgment for a surviving spouse in an unlawful detainer action, holding she was an implied at-will tenant protected by Santa Monica rent control, and that Costa-Hawkins did not preempt the city’s 425% rent increase prohibition.

Ninth Circuit Court of Appeals, Immigration, Litigation

Singh v. Blanche — Ninth Circuit Applies Supreme Court’s New Substantial Evidence Standard to Asylum Claims

automatic / May 15, 2026

The Ninth Circuit applies the Supreme Court's Urias-Orellana decision, holding that the highly deferential substantial evidence standard governs the entirety of the BIA's asylum conclusions, including whether undisputed facts constitute persecution.

Ninth Circuit Court of Appeals, Business Transactions, Litigation

Trammell v. KLN Enterprises — Ninth Circuit Revives Class Action Over “No Artificial Flavors” Claim on Licorice Packaging

automatic / May 15, 2026

The Ninth Circuit reversed dismissal of a California consumer fraud class action, holding that a licorice product's "Free of Artificial Colors & Flavors" label can mislead reasonable consumers when the product allegedly contains petroleum-derived DL malic acid as a flavoring.

California Supreme Court, Intellectual Property, Litigation

J.M. v. Illuminate Education — California Supreme Court Redefines Data Breach Liability Under the CMIA

automatic / May 14, 2026

The California Supreme Court held that a CMIA breach occurs when medical data is exposed to a significant risk of unauthorized access — rejecting the prior 'actually viewed' standard and disapproving three Court of Appeal decisions.

2nd District Court of Appeal, Insurance Law, Litigation

Nargizyan v. State Farm — Court Revives Homeowner’s Claim Over Pipe Leak, Finding Insurer Misapplied Seepage Exclusion

automatic / May 14, 2026

The Second District reversed summary judgment for State Farm, finding triable issues on whether a pinhole pipe leak met the policy's seepage exclusion and whether the insurer acted in bad faith by reversing its own coverage determination.

6th District Court of Appeal, Criminal Law, Litigation

People v. Superior Court (Feghhi) — Sixth District Orders Blood-Alcohol Evidence Reinstated in DUI Murder Case

automatic / May 14, 2026

The Sixth District ordered a trial court to reinstate blood-alcohol evidence in a DUI murder case, holding that a defendant's breath-test request is irrelevant to blood-draw warrant probable cause and that the implied consent statute does not override a valid warrant.

2nd District Court of Appeal, Criminal Law

People v. Wilmot — Murder Conviction Vacated After Jury Instruction Wrongly Added ‘Unintentionally’ to Manslaughter Definition

automatic / May 14, 2026

The Second District vacated a murder conviction because the trial court improperly added and underlined 'unintentionally' in the voluntary manslaughter jury instruction, misleading the jury about when heat of passion applies.

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

Apartment Assn. v. City of Los Angeles — Court Upholds LA Eviction Threshold but Strikes Down Relocation-Assistance Mandate

automatic / May 14, 2026

The Second District upheld LA's post-COVID eviction-threshold ordinance as a valid exercise of city police power, but struck down its relocation-assistance mandate as preempted by the Costa-Hawkins Act.

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

Reges v. Cauce — Ninth Circuit Rules University Violated Professor’s First Amendment Rights Over Syllabus Land Acknowledgment Protest

automatic / May 14, 2026

The Ninth Circuit held that a public university violated a professor's First Amendment rights by investigating and reprimanding him for inserting a counter-statement to a recommended land acknowledgment in his syllabus.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

Bradford v. Vang — Ninth Circuit Holds Loper Bright Does Not Displace AEDPA Deference in Habeas Cases

automatic / May 14, 2026

The Ninth Circuit held that Loper Bright's elimination of Chevron deference does not undermine AEDPA's deferential standard in habeas cases, reversing a district court's grant of relief to a California death-row inmate.

1st District Court of Appeal, Administrative Law, Labor & Employment Law, Litigation

Gibbs v. County of Humboldt — County Liable for Failing to Enroll Employee in CalPERS and Losing Personnel Records

automatic / May 13, 2026

California appeals court holds that Humboldt County can be sued for failing to enroll a 40-year court reporter in CalPERS and losing her personnel records, establishing that pension enrollment and record-keeping are mandatory duties enforceable under Government Code section 815.6.

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Yurok Tribe v. EPA — Ninth Circuit Orders EPA to Strengthen Regulation of Toxic Flame Retardant DecaBDE

automatic / May 13, 2026

Ninth Circuit orders EPA to strengthen regulation of decaBDE, a toxic flame retardant, holding the agency failed to justify exemptions for recycling, waste disposal, wastewater, and sewage sludge under TSCA's expedited rulemaking mandate.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law, Litigation

United States v. Sanchez — Ninth Circuit Adopts ‘Heavy Presumption of Prejudice’ Standard When Racially Biased Juror Is Removed Mid-Deliberation

automatic / May 12, 2026

The Ninth Circuit holds that when a racially biased juror is discovered and removed before a verdict is accepted, courts must apply the Remmer framework’s heavy presumption of prejudice—and reverses a tax-fraud conviction because the government could not rebut that presumption.

4th District Court of Appeal, Civil Procedure, Collections & Creditor Rights, Litigation

Dawadi v. Adhikari — Check Annotations Do Not Revive a Time-Barred Debt

automatic / May 12, 2026

California’s Fourth District holds that check memo-line annotations labeling payments as “loan payment” are not sufficient written acknowledgments to revive a debt already barred by the statute of limitations.

4th District Court of Appeal, Litigation, Real Estate Law, Tax (non-estate)

Waterford Property Co. v. County of Orange — Declaratory Relief Claim Against Tax Assessor Arises from Protected Speech Under Anti-SLAPP Statute

automatic / May 11, 2026

Fourth District holds that a property company’s declaratory relief claim challenging tax assessments arose from the county assessor’s protected speech and petitioning under the anti-SLAPP statute, reversing the trial court’s denial of the county’s motion to strike.