California Case Summaries

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

Molina v. Triumph Residential Services — Mandatory Arbitration Agreement Unenforceable When FAA Does Not Apply

The Second District affirmed denial of arbitration. The Legislature added the FAA language in an attempt to avoid federal preemption; it protects only agreements that are actually enforceable under the federal statute. When the FAA does not apply, ordinary California contract principles remain in force, including the rule that courts will not enforce a contract that was illegal to form. A section 432.6 violation can therefore make a non-FAA arbitration agreement unenforceable.

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

People v. Thomas — Investigatory Car Search Could Not Be Justified as an Inventory

The Second District reversed and ordered suppression. An inventory search must be tied to a legitimate caretaking purpose, such as protecting property, protecting police from claims, or removing a vehicle that threatens traffic or public safety. It cannot be used as a substitute for probable cause when officers hope to find evidence. The prosecution bears the burden of proving the exception.

5th District Court of Appeal, Constitutional Law, Construction Law, Litigation

Davis v. Fresno Unified School District — Bond-Funded Lease-Leaseback Violated Bidding Laws, but Contractor Need Only Return $236,129 Net Profit

The Fifth District held that a bond-funded school lease-leaseback did not qualify for the Education Code section 17406 bidding exception, rejected the Government Code section 1090 conflict claim, and directed a modified judgment requiring the contractor to return $236,129 in net profit.

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

Diplomat Property Manager, LLC v. FortiFi Financial, Inc. — Recording PACE Liens Is Not Protected Anti-SLAPP Activity, and Fraud Claims Do Not Arise from Later Receivership Litigation

The Court of Appeal affirmed the denial of FortiFi's anti-SLAPP motion, holding that recording PACE assessment liens is not protected prelitigation activity and that Diplomat's fraud-based claims do not arise from FortiFi's later litigation conduct in a receivership action.

4th District Court of Appeal, Civil Procedure, Personal Injury & Tort

John Doe N.K. v. Palm Springs Unified School District — School District Not Liable for 1978 Teacher Abuse Where No Supervisor Knew or Should Have Known of the Danger

The Court of Appeal affirmed summary judgment for a school district on negligent hiring, supervision and retention claims over a teacher's 1978–1979 sexual abuse of a student, holding that the plaintiff offered no evidence that district supervisors knew or should have known of the danger and that the district's lack of 40-year-old records did not create a triable issue.

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

Slamer v. Southern California Permanente Medical Group — Voluntary Dismissal With Prejudice Strips Trial Court of Power to Order Workers’ Compensation Lien Reimbursement

The Court of Appeal reversed an order requiring plaintiffs to reimburse an employer's workers' compensation lien because the trial court lost jurisdiction when plaintiffs voluntarily dismissed the entire action with prejudice before the employer moved for reimbursement.

5th District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Yzaguirre v. Clovis Unified School District — Voluntary, Team-Linked Basketball PE Class Is Covered by Primary Assumption of the Risk, and Intent-or-Recklessness Jury Instruction Was Proper

The Fifth District affirmed defense verdicts for a school district and basketball instructor, holding that primary assumption of the risk applies to an optional, vetted basketball class that satisfied a school's physical education requirement, and that the trial court correctly instructed on intentional or reckless conduct under CACI No. 471, option 1.

Ninth Circuit Court of Appeals, Civil Procedure, Criminal Law, Litigation

United States v. Mumma — Ninth Circuit affirms conviction and forfeiture for hidden-camera exploitation of a minor but vacates restitution over a $2,500 error

The Ninth Circuit upheld the indictment and a $160,000 forfeiture money judgment against Todd Mumma, holding any Rule 32.2 jury-inquiry error harmless, but vacated the restitution order and remanded to correct a $2,500 arithmetic error.

Appellate Division (Superior Court), Criminal Law, Litigation

People v. Murphy — Court Cannot Dismiss a Misdemeanor Diversion Case for Substantial Compliance When Required Community Service Was Not Completed

The Appellate Division of the Los Angeles Superior Court reversed a dismissal of misdemeanor cannabis charges, holding that Penal Code sections 1001.95 and 1001.96 allow dismissal only when the defendant completed all court-ordered diversion conditions by the end of the 24-month period, not on a finding of substantial compliance.

Ninth Circuit Court of Appeals, Civil Procedure, Labor & Employment Law, Litigation

Whitfield v. Mullin — Ninth Circuit Denies En Banc Rehearing, Leaving Its “Serious Questions” Injunction Test in Place Over Ten Dissenting Votes

The Ninth Circuit denied rehearing en banc in a Rehabilitation Act case, leaving in place a panel remand that invokes the circuit's "serious questions" sliding-scale injunction test, while ten judges dissented on the ground that the test conflicts with Winter and Starbucks.

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

San Joaquin Facilities Management, Inc. v. Department of Conservation — New Water Injection Wells Are Not Exempt from CEQA Review, and the Writ Is Reversed

The Fifth District reversed a writ that had compelled CalGEM to treat a plan for up to 12 new water injection wells as exempt from CEQA, holding that the pre-CEQA private project guideline is invalid and, in any event, inapplicable, and that the class 1 and class 4 categorical exemptions did not apply.

4th District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

McKinley v. Harris — Probate Court Cannot Use Equitable Powers to Award a Trustee Her Personal Attorney Fees Without a Statute or Contract

The Fourth District, Division Three, affirmed an order denying attorney fees to a trustee sued individually, holding that a probate court's equitable power protects the trust estate and does not supply a freestanding basis for fees incurred in a trustee's personal defense.

2nd District Court of Appeal, Labor & Employment Law

McInerney v. Regents — Fair Chance Act Requires Process, Causation, and Actual Harm

The trial court concluded there was no triable issue of material fact as to whether UCLA followed the procedure set forth in section 12952, subdivision (c)(1)(A), which requires an employer to make an 'individualized assessment' of whether the applicant's conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position.

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