Author: automatic

5th District Court of Appeal, Administrative Law, Criminal Law, Litigation

Myers v. Dept. of Motor Vehicles — Body-Cam Video Can Rebut Officer’s Claim of Continuous DUI Observation

automatic / May 6, 2026

The Fifth District holds that body-worn camera footage showing an officer left a DUI suspect alone in a patrol car during the required 15-minute observation period is sufficient to rebut the presumption that breath test procedures were properly followed.

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

Toothman v. Redwood Toxicology Laboratory — 1st District Says Direct Employer Cannot Enforce Arbitration Clause Signed with Temp Agency

automatic / May 5, 2026

First District holds that a direct employer cannot enforce an arbitration agreement the worker originally signed with a temporary staffing agency, where the worker's claims arose entirely from the direct-employment period that started after the temp placement ended.

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

automatic / May 5, 2026

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

automatic / May 5, 2026

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

automatic / May 5, 2026

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

automatic / May 4, 2026

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.

2nd District Court of Appeal, Criminal Law

People v. Berch — 2nd District Holds Felony False Imprisonment by Menace Doesn’t Require Force Greater Than Restraint

automatic / May 4, 2026

The Second District holds that felony false imprisonment based on menace does not require a threat of force greater than necessary to effectuate restraint — a doctrinal clarification that affirms a domestic-violence conviction.

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

People v. Moss — 2nd District Says Section 1172.75 Resentencing Court Can Reimpose Upper Term Without New Jury Findings on Aggravating Facts

automatic / May 4, 2026

When resentencing a defendant under section 1172.75, the trial court may reimpose an upper term using aggravating facts the defendant already stipulated to — no new jury findings required.

2nd District Court of Appeal, Civil Procedure, Criminal Law

People v. Pineda — 2nd District Holds Codefendant’s Perkins-Operation Statements Are Admissible at 1172.6 Hearing as Declarations Against Penal Interest

automatic / May 4, 2026

The Second District holds that hearsay testimony from a preliminary hearing is admissible at a section 1172.6 evidentiary hearing if it qualifies as a declaration against penal interest — affirming denial of a gang-shooting resentencing petition.

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

automatic / May 4, 2026

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, Criminal Law

Doerr v. Shinn — Ninth Circuit Amends Rhines Stay-and-Abey Order, Sends Atkins Intellectual-Disability Claim Back to District Court

automatic / May 4, 2026

The Ninth Circuit issues an amended opinion granting a Rhines stay-and-abey for an Arizona death-row petitioner's IAC-at-sentencing claim, and remands his Atkins intellectual-disability claim for the district court to address in the first instance.

1st District Court of Appeal, Civil Procedure, Tax (non-estate)

Garcia-Rojas v. Franchise Tax Board — Court of Appeal Reverses Summary Judgment, Says Single-Activity Sole Proprietor Is Not a Unitary Business

automatic / May 1, 2026

California Court of Appeal reverses summary judgment for the Franchise Tax Board, holding that a Texas-based radiologist working remotely as a sole proprietor for one California company is not a 'unitary business' under regulation 17951-4(c).

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

Vela v. Harbor Rail Services — Court of Appeal Affirms Arbitration of Railcar Repairman’s Wage Claims, Including Class Waiver

automatic / May 1, 2026

California Court of Appeal holds that a railcar repairman doing stationary maintenance work in a Wilmington rail yard is not a 'transportation worker' exempt from the Federal Arbitration Act, so his class action waiver is enforceable.

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

automatic / April 30, 2026

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

automatic / April 30, 2026

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

automatic / April 30, 2026

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

automatic / April 30, 2026

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.

California Supreme Court, Constitutional Law, Criminal Law

In re Kowalczyk — California Supreme Court Reaffirms Constitutional Right to Bail, Limits When Pretrial Detention May Be Imposed

automatic / April 30, 2026

California Supreme Court reaffirms the constitutional right to pretrial release, requiring prosecutors to prove the necessity of detention by clear and convincing evidence and forbidding boilerplate denial-of-bail orders.

California Supreme Court, Criminal Law

People v. Lopez — California Supreme Court Clarifies Senate Bill 1437 Resentencing for Aiders and Abettors of Gang-Related Killings

automatic / April 30, 2026

California Supreme Court holds that gang-enhancement and vicarious firearm-use findings cannot substitute for proof of personal malice in Senate Bill 1437 resentencing hearings, opening the door to new resentencing for aiders and abettors of gang-related killings.

California Supreme Court, Constitutional Law, Criminal Law

People v. Stayner — California Supreme Court Affirms Death Sentence for Yosemite Cedar Lodge Murders

automatic / April 30, 2026

On automatic appeal, the California Supreme Court unanimously affirms the convictions and death sentence of Cary Stayner for the 1999 Cedar Lodge murders of Carole Sund, her daughter Juli, and Silvina Pelosso. Justice Evans concurred and dissented in part.

Ninth Circuit Court of Appeals, Constitutional Law, Litigation

Scott v. Broomfield — Ninth Circuit reverses habeas relief in California death-penalty case, holding the state court reasonably rejected the ineffective-assistance-of-counsel claims under AEDPA’s deferential standard

automatic / April 29, 2026

The Ninth Circuit reverses a federal habeas grant in a California death-penalty case, holding that under AEDPA's doubly deferential standard the California Supreme Court reasonably rejected the petitioner's ineffective-assistance-of-counsel claims, including those based on cumulative prejudice.

1st District Court of Appeal, Environmental Law, Litigation

Raptors Are the Solution v. CropLife America — Pesticide Trade Associations That Intervened to Defend Agency Decisions Are Jointly and Severally Liable for Private Attorney General Fees

automatic / April 29, 2026

First District affirms joint and several liability of pesticide trade associations for private attorney general fees following successful CEQA challenge to rodenticide registrations, holding that intervenors who asserted pecuniary interests cannot disclaim those interests to avoid fee liability.

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

Garner v. California Victim Compensation Board — Vacatur Under Section 1172.6 Resentencing Statute Does Not Establish “Erroneous Conviction” Required for Compensation Under Section 4900

automatic / April 29, 2026

Second District holds that vacatur of a murder conviction under Penal Code section 1172.6 does not establish an "erroneous conviction" entitling the former defendant to compensation under section 4900, because Senate Bill 1437's narrowing of murder liability was a legislative act of lenity, not a determination that prior convictions were wrong.

2nd District Court of Appeal, Environmental Law, Litigation

The Chemical Toxin Working Group v. Kroger — Proposition 65 Pre-Suit Notice Substantially Complies When Outside Counsel Contact Is Provided

automatic / April 29, 2026

Second District reverses judgment on the pleadings in Proposition 65 enforcement action against Kroger and other grocery companies, holding that providing outside counsel contact information in the 60-day notice substantially complies with California Code of Regulations title 27, section 25903.

6th District Court of Appeal, Criminal Law, Litigation

People v. Mohammed — Trial Courts Lack Inherent Jurisdiction to Correct Unauthorized Sentences After Judgment Becomes Final

automatic / April 29, 2026

Sixth District holds that trial courts lack inherent jurisdiction to correct unauthorized sentences after judgment becomes final, treats the appeal as a habeas petition, and orders the trial court to vacate a post-judgment resentencing that increased the defendant's sentence.