Author: automatic

California Supreme Court, Administrative Law, Litigation, Tax (non-estate)

Tesoro Refining & Marketing Co. v. City of Carson — State claims law preempts extra local tax-refund procedures

automatic / August 10, 2026

California cities may not require taxpayers to complete local refund procedures in addition to the Government Claims Act before suing for a refund.

California Supreme Court, Civil Procedure, Constitutional Law, Family Law

Family Violence Appellate Project v. Superior Court — Indigent litigants must receive a verbatim record in every case

automatic / August 10, 2026

When no court reporter is available, California trial courts must electronically record proceedings so indigent litigants can obtain an official verbatim record in every type of case.

1st District Court of Appeal, Business Transactions, Litigation, Real Estate Law

Nasey v. Fell Holdings LLC — Contract addenda placed failed property-closing risks on buyer

automatic / August 10, 2026

A buyer who agreed to an all-cash, no-contingency repurchase could not use disclosure and inspection arguments to excuse missing the closing deadline.

Ninth Circuit Court of Appeals, Civil Procedure, Litigation, Personal Injury & Tort

State of Colorado v. Meta Platforms, Inc. — Section 230 defense does not permit an immediate appeal

automatic / August 10, 2026

The Ninth Circuit held that Section 230 supplies a defense to liability, not immunity from suit, so platforms ordinarily must wait for final judgment to appeal a partial denial of the defense.

4th District Court of Appeal, Constitutional Law, Criminal Law

People v. McAlister — Prior Upper Term May Be Reimposed in Prison-Prior Resentencing

automatic / August 7, 2026

A court conducting prison-prior resentencing may reimpose an upper term that was part of the original sentence without a new jury finding.

Ninth Circuit Court of Appeals, Criminal Law, Litigation

United States v. Doyle — Judges Must Personally Review Each Graphic Exhibit Before Admission

automatic / August 7, 2026

The Ninth Circuit required item-by-item judicial review of graphic evidence under Rule 403 but found the failure harmless in Doyle’s case.

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

Employers Preferred v. WCAB — Ignoring Payroll-Audit Requests Justified Policy Cancellation

automatic / August 6, 2026

An employer’s repeated failure to provide payroll records constituted failure to permit an audit and supported cancellation of its workers’ compensation policy.

6th District Court of Appeal, Civil Procedure, Criminal Law

People v. Bocanegra — Murder Resentencing Petition Requires an Evidentiary Hearing

automatic / August 6, 2026

A murder resentencing petition could not be denied at the prima facie stage because the record did not eliminate reliance on a now-invalid theory as a matter of law.

California Supreme Court, Civil Procedure, Criminal Law

People v. Hyatt — Prison speedy-trial demand is premature until actual delivery to state custody

automatic / August 6, 2026

The California Supreme Court held that Penal Code section 1381’s 90-day clock cannot be invoked until the sentenced defendant is actually delivered into state-prison custody.

California Supreme Court, Civil Procedure, Litigation, Personal Injury & Tort

Gorobets v. Jaguar Land Rover — Section 998 offer may give the offeree two alternative settlement choices

automatic / August 6, 2026

The California Supreme Court held that a section 998 offer may contain two alternative settlement choices when they are clearly presented and at least one is independently certain.

Ninth Circuit Court of Appeals, Civil Procedure, Intellectual Property, Litigation

Koi Design v. Marron Lawyers — Professional-conduct breaches can support malpractice and fiduciary-duty claims

automatic / August 6, 2026

The Ninth Circuit revived Koi Design’s malpractice claims, holding that professional-conduct violations and evidence of failed disclosure and supervision could support breach and causation.

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

Leviss v. Madix — anti-SLAPP does not protect alleged copying and sharing of intimate videos

automatic / August 5, 2026

A public controversy did not make the alleged copying and sharing of private sexual videos protected activity under California’s anti-SLAPP statute.

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

CHP v. State Personnel Board — one-year suspension upheld despite overtime misconduct

automatic / August 5, 2026

The State Personnel Board acted within its discretion by reducing a CHP officer’s dismissal to a one-year suspension in light of mitigating circumstances.

6th District Court of Appeal, Criminal Law

People v. Cruz — vacated firearm enhancement cannot follow a redesignated offense

automatic / August 5, 2026

A firearm enhancement tied to a vacated attempted-murder conviction could not be imposed on the target offense redesignated at section 1172.6 resentencing.

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

Inland Empire Waterkeeper v. Corona Clay — Sackett requires another Clean Water Act trial

automatic / August 5, 2026

The Ninth Circuit ordered a new trial on whether Temescal Creek remains covered by the Clean Water Act after Sackett narrowed federal water jurisdiction.

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Committee for a Better Arvin v. EPA — feasibility cannot dilute Clean Air Act contingency measures

automatic / August 5, 2026

EPA could not read a feasibility exception into the Clean Air Act’s mandatory contingency-measure requirement for the San Joaquin Valley.

1st District Court of Appeal, Administrative Law, Environmental Law

Russian Riverkeeper v. County of Sonoma — Well-permit ordinance survives public-trust review but requires CEQA compliance

automatic / August 4, 2026

Sonoma County adequately considered public-trust impacts when revising its groundwater-well ordinance, but lacked substantial evidence for exempting the revision from CEQA.

4th District Court of Appeal, Administrative Law, Business Transactions, Environmental Law

Applied Medical Resources Corp. v. PUC — Commission may reject private microgrid tariff proposal

automatic / August 4, 2026

The PUC acted within its broad authority when it adopted utility microgrid tariffs while rejecting a manufacturer's competing proposal.

2nd District Court of Appeal, Civil Procedure, Litigation

A Company Hungary KFT v. Bespalov — Unsupported accusations of judicial bias bring contempt sanction

automatic / August 4, 2026

The court held appellate counsel in contempt and imposed a $1,000 fine for repeatedly accusing the trial judge of bias without record support.

4th District Court of Appeal, Insurance Law, Litigation, Personal Injury & Tort

Farmers Insurance Exchange v. Superior Court — Timely acceptance formed binding policy-limits settlement

automatic / August 4, 2026

A claimant's policy-limits demand became a binding settlement when Farmers timely accepted and supplied the requested declarations page.

Ninth Circuit Court of Appeals, Intellectual Property, Litigation

VIP Products v. Jack Daniel’s — Dog-toy parody does not tarnish famous whiskey marks

automatic / August 4, 2026

The Ninth Circuit vacated Jack Daniel's injunction because its evidence did not show that the Bad Spaniels parody was likely to harm the reputation of its famous marks.

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

Amazon v. Perplexity AI — User-directed shopping agent likely does not “access” Amazon under hacking laws

automatic / August 4, 2026

The Ninth Circuit vacated an injunction against Perplexity's shopping assistant because users, not the AI company, likely accessed Amazon's computers.

1st District Court of Appeal, Civil Procedure, Constitutional Law, Healthcare Law

Conservatorship of C.O. — Counsel may communicate conservatee’s jury-trial waiver

automatic / August 3, 2026

An LPS conservatee may knowingly waive a jury trial through counsel, although the trial court should personally advise the conservatee of that right.

California Supreme Court, Administrative Law, Labor & Employment Law

L.A. County Employees Retirement Association v. County of Los Angeles — Pension Boards Cannot Unilaterally Set Staff Classifications and Pay

automatic / August 3, 2026

California pension boards control system administration but cannot unilaterally dictate county staff classifications or salaries.

California Supreme Court, Healthcare Law, Personal Injury & Tort

Gilead Tenofovir Cases — Drug Makers Owe No Negligence Duty to Launch a Safer Alternative Sooner

automatic / August 3, 2026

The California Supreme Court rejected negligence liability based solely on delaying a safer alternative to a nondefective drug.