California Case Summaries

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California Supreme Court, Administrative Law, Litigation

In re Spielbauer — California Supreme Court Orders Attorney Restitution to Non-Client Fraud Victim

The California Supreme Court held that a restitution order is appropriate in attorney discipline cases where an attorney's intentional, fraudulent misconduct caused direct financial harm to a non-client, correcting a State Bar Court misreading of prior precedent that had treated tort-based damages to non-clients as categorically excluded from restitution.

California Supreme Court, Civil Procedure, Litigation

Maniago v. Desert Cardiology Consultants — Voluntary Dismissal Forfeits Right to Appeal Adverse Pretrial Rulings

The California Supreme Court held that when plaintiffs voluntarily dismiss their action before any of their claims have been finally resolved by the trial court, the dismissal terminates the action and forfeits the right to appeal — it does not create an appealable judgment even if the stated purpose was to expedite review of adverse pretrial rulings.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

Knife Rights, Inc. v. Bonta — Ninth Circuit Denies En Banc Review, Upholding California Switchblade Regulations

The Ninth Circuit denied panel rehearing and rehearing en banc in a Second Amendment challenge to California's switchblade knife regulations, leaving intact a panel ruling that California's ban on the concealed carry of switchblade knives survives a facial constitutional challenge under the Bruen framework.

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

Muradyan v. Bonta — Lifetime Sex Offender Registration for Child Luring Offense Survives Equal Protection Challenge

California's Second District Court of Appeal affirmed that placing child-luring offenders in the lifetime sex offender registration tier does not violate equal protection, because the Legislature could rationally find that the predatory, premeditated nature of luring crimes signals a higher risk of recidivism than other sex offenses.

Ninth Circuit Court of Appeals, Banking & Finance, Civil Procedure, Litigation

Relator LLC v. Erskine — Ninth Circuit Revives PPP Fraud Whistleblower Suit, Holds Mortgage Company’s Own Website Is Not “News Media” Under False Claims Act

The Ninth Circuit reversed dismissal of a False Claims Act qui tam suit alleging PPP fraud by a California mortgage company, holding that a NAICS industry code alone does not publicly disclose fraud and that a company's own website does not qualify as 'news media' for purposes of the Act's public disclosure bar.

1st District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Wilkins v. Cruise, LLC — Autonomous Vehicle Company’s Sign-In Wrap Agreement Enforces Arbitration Clause Against Injured Rider

California's First District Court of Appeal reversed a trial court that had refused to compel arbitration, holding that Cruise's mobile app sign-in screen gave an injured employee-rider sufficiently conspicuous notice of the arbitration clause in its Terms of Service, and that GM's related corporate entities were not "third parties" under the CCP §1281.2(c) exception.

2nd District Court of Appeal, Estate Planning, Probate and Tax Law, Family Law, Probate

Jackson v. Meyer — Trust Revocation During Divorce Proceedings Valid Despite Failure to File With Court

California's Second District Court of Appeal held that a spouse's trust revocation during pending divorce proceedings is valid even though it was never filed with the court, as long as the other spouse received actual notice of the revocation as required by the trust instrument.

Ninth Circuit Court of Appeals, Business Transactions, Intellectual Property, Litigation

Comet Technologies USA v. XP Power — Ninth Circuit Vacates $40 Million Trade Secret Verdict Over Burden-of-Proof Error

The Ninth Circuit vacated a $40 million jury verdict for semiconductor component maker Comet Technologies and ordered a new trial after finding that the district court erroneously placed the burden of proving "ready ascertainability" of alleged trade secrets on XP Power rather than on Comet, in violation of the federal Defend Trade Secrets Act.

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

Victor Valley Union High School District v. Superior Court — School District Immunity Turns on Where Negligence Occurred, Not Where Student Was Harmed

The Fourth District Court of Appeal clarifies that a school district’s immunity under Education Code section 44808 depends on where the district’s negligent act occurred — not where the student was ultimately injured — overruling two of its own prior decisions in the process.

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

In re King — Trial Court Must Expressly Find No Less Restrictive Alternative Before Ordering Pretrial Detention

The Fourth District Court of Appeal, on remand from the California Supreme Court, holds that a trial court ordering pretrial detention must make an express finding by clear and convincing evidence that no less restrictive condition than incarceration will adequately protect public safety — “balancing” alternatives against danger is not enough.

Ninth Circuit Court of Appeals, Civil Procedure, Litigation

Price v. Diab — ADA Plaintiff Who Wins Accessibility Injunction via Default Judgment Is a “Prevailing Party” Entitled to Attorney’s Fees

The Ninth Circuit holds that an ADA plaintiff who obtains a default judgment and injunction requiring a Fontana Family Dollar to fix accessibility barriers is a “prevailing party” entitled to seek attorney’s fees — even though the injunction only requires what federal law already mandates.

Ninth Circuit Court of Appeals, Administrative Law, Banking & Finance, Constitutional Law

Novedades y Servicios v. FinCEN — Ninth Circuit Upholds Block on Treasury’s Sweeping Southwest Border Cash-Reporting Order

The Ninth Circuit affirms a preliminary injunction blocking FinCEN’s “Border GTO” — which required money services businesses in 30 southwest border ZIP codes to file cash-transaction reports for amounts as low as $200 — finding the order was likely a rule requiring notice-and-comment rulemaking and that it was adopted in an arbitrary and capricious manner.

Ninth Circuit Court of Appeals, Civil Procedure, Immigration, Litigation

Menjivar-Ayala v. Blanche — Ninth Circuit Holds BIA Must Consider Ineffective Assistance Claim Even When Attorney’s Failure Occurred Before a Different Court

The Ninth Circuit holds that the Board of Immigration Appeals has authority — and obligation — to consider ineffective assistance of counsel claims arising from an attorney's post-final-order misconduct before a different tribunal, and that mailing a courtesy copy of a BIA decision to a represented noncitizen does not overcome the presumption of prejudice from counsel's failure to notify them.

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

Combs v. Netflix, Inc. — Ninth Circuit Sets Test for When a Sexual Harassment ‘Dispute Arises’ Under the EFAA, Holding Pre-2022 Internal Complaints Triggered the Clock

In a matter of first impression, the Ninth Circuit held that under the EFAA's timing provision, a "dispute arises" when an employee registers internal disagreement with an employer and the employer expressly or constructively opposes it — not when the employee later files a formal complaint — and that "claims accrue" under standard accrual principles; here both happened before March 3, 2022, so the EFAA did not apply and Netflix's arbitration agreement was enforceable.

3rd District Court of Appeal, Constitutional Law, Criminal Law

People v. Garner — A 50-Year Juvenile Sentence Is Not a De Facto Life Term When Parole Is Available Under Section 3051

The Third District held that a juvenile offender's 50-year determinate sentence is not the functional equivalent of life without parole — and therefore does not qualify for resentencing under Penal Code section 1170(d)(1) — because section 3051 gave him a meaningful parole opportunity during his 15th year of incarceration.

4th District Court of Appeal, Civil Procedure, Litigation

Damak v. Superior Court — Trial Courts Must Apply Section 2023.050’s Mandatory $1,000 Sanction for Bad-Faith Discovery Conduct, Regardless of Whether the Moving Party Incurred Expenses

The Fourth District held that trial courts must consider Code of Civil Procedure section 2023.050 — which imposes a mandatory $1,000 sanction for bad-faith document production conduct regardless of the other party's actual expenses — and that a self-represented litigant facing discovery stonewalling by opposing counsel is not left without a remedy.

1st District Court of Appeal, Administrative Law, Constitutional Law, Real Estate Law

City of Clearlake v. Highlands Mutual Water Co. — Statute Requiring Cancellation of Public Entity’s Water Company Shares Is Constitutional

The First District holds that Corporations Code section 14300's mandatory cancellation of a public entity's appurtenant water company shares does not violate the California Constitution's limited exception permitting public entities to hold such shares.

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