California Case Summaries

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California Supreme Court, Administrative Law, Environmental Law

Sunflower Alliance v. Department of Conservation — California Supreme Court Clarifies CEQA Class 1 Exemption Turns on Change in Use, Not Environmental Risk

The California Supreme Court holds that CEQA's class 1 categorical exemption — covering 'negligible or no expansion of existing or former use' — asks whether the change in use is negligible, not whether the project poses negligible environmental risk.

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

Betanco v. Living Spaces Furniture — Retail Furniture Delivery Driver Is a Transportation Worker Exempt from the Federal Arbitration Act

A furniture delivery driver who never crosses state lines but delivers goods that arrived in California from out of state is a "transportation worker" exempt from the Federal Arbitration Act, the First District Court of Appeal holds, affirming the driver's right to pursue his Labor Code and PAGA claims in court.

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

Jung v. Acosta — Union Judicial Panel Proceedings Are “Official Proceedings” Protected by California’s Anti-SLAPP Statute

Internal union disciplinary proceedings authorized by the Labor-Management Reporting and Disclosure Act are "official proceedings authorized by law" under California's anti-SLAPP statute, the Second District holds, affirming dismissal of claims arising from participation in those proceedings.

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

In re I.H. — Mistaken Identity Arrest Upheld; Firearm Discovered Incident to Resisting-Arrest Charge Is Admissible

The Fourth District holds that officers who reasonably but mistakenly identified a juvenile as a murder-warrant fugitive had probable cause to arrest him, and that after realizing the mistake they lawfully searched him incident to a resisting-arrest charge, making the discovered firearm admissible.

Ninth Circuit Court of Appeals, Criminal Law, Immigration

Leon-Briviesca v. Blanche — Ninth Circuit Defines “Crime of Child Abuse” for Immigration Removal After Loper Bright, Covers California Penal Code § 273a

In its first post-Loper Bright interpretation of the federal immigration removal ground for crimes of child abuse, the Ninth Circuit holds that the statute covers child endangerment, requires criminal negligence mens rea, and applies regardless of whether the defendant is the child's parent — and that California Penal Code § 273a(a) falls within its scope.

Ninth Circuit Court of Appeals, Immigration, Litigation

Ibarra-Perez v. United States — Ninth Circuit Refuses En Banc Review of Ruling That FTCA Suit for Wrongful Removal to Unspecified Third Country Is Not Barred by § 1252(g)

The Ninth Circuit denies en banc review of a panel ruling that 8 U.S.C. § 1252(g) does not strip federal district courts of jurisdiction over an FTCA damages claim by a noncitizen removed to Mexico when his removal order did not name Mexico as the destination.

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

Brown v. Alaska Airlines — Airline’s Firing of Flight Attendants Over Equality Act Posts Must Go to Jury as Religious Discrimination

The Ninth Circuit reverses summary judgment for Alaska Airlines and the AFA flight attendants' union, holding that two Christian flight attendants fired after posting about the Equality Act raised genuine disputes of material fact on Title VII religious discrimination, and that the Railway Labor Act does not preempt their Oregon and Washington state anti-discrimination claims against the union.

2nd District Court of Appeal, Business Transactions, Litigation

Pitt v. Shefler — Russian Billionaire’s Purchase of Jolie’s California Company Subjects Him to California Jurisdiction

The Second District reverses a quashal of service, holding that Yuri Shefler — Swiss-resident billionaire and beneficial owner of SPI Group — is subject to personal jurisdiction in California because he directed, financed, and personally communicated about the purchase of Angelina Jolie's California LLC (Nouvel) in a deal governed by California law.

4th District Court of Appeal, Civil Procedure, Litigation

Popa v. Simpson — Disqualifying Opposing Counsel Requires Clearly Privileged Document, Not Just a Lawyer’s Folder Name

California's Fourth Appellate District reversed the disqualification of defense counsel in a sexual battery case, holding that an inadvertently produced Dropbox index was too ambiguous to trigger attorney stop-and-notify duties, and that using non-privileged discoverable documents cannot support disqualification.

4th District Court of Appeal, Civil Procedure, Construction Law, Litigation

Fazel v. Pete Fowler Construction Services — Litigation Privilege Bars Negligence Suit Against Expert for Defective Repair Recommendations

California's Fourth Appellate District held that California's absolute litigation privilege bars a property owner from suing an opposing construction expert for negligence in formulating repair recommendations contained in a litigation expert report, even after those repairs failed.

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

Cocom v. ABM Aviation — Ninth Circuit Reverses Unconscionability Finding, Orders Enforcement of Employment Arbitration Agreement

The Ninth Circuit reversed a district court's refusal to enforce a pre-dispute employment arbitration agreement, holding that the agreement's scope was limited to employment-related claims under ejusdem generis, distinguishing Cook v. USC's broader unconscionability holding.

1st District Court of Appeal, Civil Procedure, Insurance Law, Litigation

Guthrie v. Transamerica Life Insurance Co. — Class Certification Denied for UCL Claims Over Bundled Life Insurance Premium

California's First Appellate District affirmed denial of class certification in a UCL action alleging Transamerica's bundled Trendsetter LB life insurance policy misled buyers about the cost of included accelerated death benefits, holding that individual differences in agent communications and policy data pages prevented class-wide proof of deception.

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

City and County of San Francisco v. PERB — San Francisco Charter Excludes City Attorneys’ At-Will Status from Binding Interest Arbitration

San Francisco's First Appellate District reversed a PERB order requiring the City to submit its attorneys' at-will status to binding interest arbitration, holding that the San Francisco Charter's civil service provisions place that question outside the scope of the MMBA's interest arbitration process.

2nd District Court of Appeal, Constitutional Law, Litigation, Tax (non-estate)

Nguyen v. City of Los Angeles — SoCalGas Franchise Fee and Customer Surcharge Are Not a Tax Under Proposition 26

The Second Appellate District affirmed summary judgment for the City of Los Angeles, holding that the 5.5% SoCalGas franchise fee — including a 3.5% surcharge billed to customers — is a charge for use of City streets exempt from Proposition 26's voter-approval requirement, and that no independent reasonableness showing is required under the exemption.

2nd District Court of Appeal, Criminal Law

People v. Sacco — Mental Health Diversion Properly Denied When Crime’s Sophistication Contradicts Claimed Cognitive Impairments

The Second Appellate District affirmed denial of pretrial mental health diversion under Penal Code § 1001.36, holding that the trial court had substantial evidence to find the statutory presumption rebutted where the defendant's diagnosed depressive disorder — characterized by poor concentration and forgetfulness — was fundamentally inconsistent with years of coordinated, sophisticated financial crimes.

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

Div. of Occupational Safety & Health v. Uber Technologies, Inc. — Court of Appeal Upholds Cal/OSHA’s Power to Subpoena Uber Over Gig Worker’s On-the-Job Death

California's Second Appellate District held that Cal/OSHA can compel Uber to produce records about a deceased Uber Eats driver's employment status even without first proving the driver was an employee, but remanded for narrowing of overbroad document requests.

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

Union Gospel Mission of Yakima Washington v. Brown — Ninth Circuit to Reconsider En Banc Whether Religious Employers Can Require Staff to Share Their Faith

The full Ninth Circuit has agreed to rehear en banc a case about whether states can force religious nonprofits to hire employees who don't share their faith, vacating a panel opinion that had protected a Christian shelter's faith-based hiring practices.

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

Sable Offshore Corp. v. California Coastal Commission — Coastal Commission May Issue Cease-and-Desist Order When County Declines Enforcement

The Second District affirmed a preliminary injunction upholding the Coastal Commission's cease-and-desist order against Sable Offshore's Las Flores Pipeline repairs, holding that a county's decision not to require permits qualifies as 'declining to act' under the Coastal Act — triggering the Commission's independent enforcement authority.

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

Taduran v. Glidewell Dental — Court Affirms Per-Employee Reduction Method for PAGA Penalties and Negative Lodestar Multiplier on Attorney Fees

The Fourth District affirmed a PAGA judgment in which the trial court reduced penalties on a per-employee (not per-pay-period) basis and applied a 0.70 downward multiplier to the attorney fee lodestar, holding that neither the PAGA statute nor applicable precedent limits the court's discretion on either point.

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Yurok Tribe v. Klamath Water Users Association — Ninth Circuit Holds Endangered Species Act Applies to Bureau of Reclamation’s Klamath Project Operations

The Ninth Circuit affirmed that the Endangered Species Act's mandatory consultation requirements apply to the Bureau of Reclamation's operation of the Klamath Project, a major federal water management initiative in Northern California and Southern Oregon, rejecting the Klamath irrigation districts' argument that the ESA cannot limit water releases already required by contract.

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