Author: automatic

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.

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, 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.

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.

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.

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

Pagan v. City of San Rafael — Open and Obvious Roadway Conditions Defeat Dangerous Condition Claim

automatic / April 1, 2026

First District affirms summary judgment for City of San Rafael in dangerous condition case where teenage driver hydroplaned on wet curve, holding the conditions were open and obvious as a matter of law and that plaintiff could not defeat summary judgment by raising new pavement-defect theories outside the pleadings.

6th District Court of Appeal, Litigation, Personal Injury & Tort

Harcourt v. Tesla — Consumer Expectations Test Cannot Be Used to Prove Defect in Complex Vehicle Safety System

automatic / April 1, 2026

Sixth District affirms nonsuit for Tesla in case where toddler started Model X and ran over his pregnant mother, holding that the consumer expectations test does not apply to complex modern vehicle safety systems and the plaintiff failed to identify any specific design feature that violated ordinary consumer expectations.

1st District Court of Appeal, Criminal Law

People v. Newt — ‘Receiving’ large-capacity magazine under Penal Code section 32310(a) requires more than mere possession; felony conviction reversed

automatic / March 30, 2026

First District holds that the term 'receives' in Penal Code section 32310(a) requires more than mere possession of a large-capacity magazine, and reverses a felony conviction supported only by evidence that the defendant possessed the magazine in his car.

1st District Court of Appeal, Criminal Law

People v. Nielsen — Defense forfeited section 1170(b)(6) low term presumption claim by failing to raise childhood trauma argument at sentencing; dissent disagrees

automatic / March 30, 2026

First District holds, with one justice dissenting, that a defendant forfeited his Penal Code section 1170(b)(6) low term presumption claim by failing to raise it at sentencing despite submitting evidence of childhood trauma.

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

Sobalvarro v. Vibra Health Care — Hospital can be negligent for not offering paralyzed patient choice of female nursing assistant; expert testimony not required for causation

automatic / March 27, 2026

First District reverses JNOV and reinstates a $1 million negligence verdict against Kentfield Hospital for failing to offer a paralyzed stroke patient the choice of a female nursing assistant for intimate care.