Author: automatic

1st District Court of Appeal, Family Law, Litigation

Sheerer v. Panas — Self-represented litigants face the same duty to verify AI-generated citations as attorneys; child support order reversed for failing to include bonus and RSU income

automatic / March 19, 2026

First District extends its warning about AI-generated fake citations to self-represented litigants and reverses a child support order for failing to include the obligor's bonus and restricted stock unit income.

6th District Court of Appeal, Criminal Law

People v. Perez — Vehicle impoundment to prevent unlicensed driving alone does not satisfy Fourth Amendment community caretaking requirement

automatic / March 19, 2026

Sixth District holds that impounding a suspended-license driver's minivan solely to prevent further illegal driving violates the Fourth Amendment community caretaking doctrine and orders suppression of evidence from the resulting inventory search.

4th District Court of Appeal, Criminal Law

Meiner v. Superior Court — Apple Pay account is a ‘financial account’ excluded from warrantless probation searches

automatic / March 18, 2026

Fourth District holds that an Apple Pay account is a 'financial account' excluded from warrantless probation searches and orders suppression of bank evidence obtained through a warrant relying on the unlawful search.

1st District Court of Appeal, Family Law

Marriage of Jenkins — Default judgment vacated where dissolution petition listed assets only as ‘to be determined’; Code of Civil Procedure section 580 limits relief in default to what was actually pleaded

automatic / March 18, 2026

First District holds that a default dissolution judgment must be vacated under Code of Civil Procedure section 580 when the petition listed assets only as 'to be determined' and the responding spouse lacked notice of the actual property division being sought.

3rd District Court of Appeal, Healthcare Law, Litigation

Wright v. WellQuest Elk Grove — California arbitration procedural rules apply by default; trial court properly refused to compel arbitration over wrongful death and elder neglect claims

automatic / March 18, 2026

Third District holds that a memory care facility's selection of the FAA does not displace California's section 1281.2(c) procedural provisions, allowing the trial court to deny arbitration of survivor and wrongful death claims based on the risk of conflicting rulings.

4th District Court of Appeal, Administrative Law, Litigation

Dion v. Weber — Secretary of State cannot relitigate fraud claim’s merits in payment proceeding from Victims of Corporate Fraud Compensation Fund; $50,000 per claimant cap enforced

automatic / March 18, 2026

Fourth District holds that the Secretary of State cannot relitigate the merits of an underlying fraud claim in a Victims of Corporate Fraud Compensation Fund proceeding but enforces the $50,000 per claimant statutory cap on awards.

2nd District Court of Appeal, Criminal Law

People v. Jones — Defendant in custody in another county did not willfully fail to appear; uncertified court records were inadmissible to prove Cruz waiver violation

automatic / March 17, 2026

Second District holds that a defendant in custody in another county did not willfully fail to appear for sentencing and that uncertified records from a Fresno court were inadmissible to prove a Cruz waiver violation.

5th District Court of Appeal, Labor & Employment Law, Litigation

Ayala-Ventura v. Superior Court — Janitorial worker’s arbitration agreement enforced; trial courts may distinguish, but should explain departures from binding precedent

automatic / March 17, 2026

Fifth District enforces a janitorial worker's mutual arbitration agreement and explains how trial courts should distinguish, but document their departures from, binding California Court of Appeal precedent like Cook v. USC.

1st District Court of Appeal, Criminal Law

People v. Dunn — No sua sponte circumstantial evidence instruction required where direct evidence supported felon-in-possession charges

automatic / March 16, 2026

First District holds that a trial court had no sua sponte duty to give a circumstantial evidence instruction in a felon-in-possession case where direct evidence linked the defendant to the cabin containing the guns and ammunition.

2nd District Court of Appeal, Civil Procedure, Litigation

Clapkin v. Levin — Anti-SLAPP motion fails where claims arise from underlying business dispute, not protected litigation activity; orders denying related fee motions are not appealable

automatic / March 16, 2026

Second District affirms denial of an anti-SLAPP motion in a family corporation dispute and reaffirms that orders denying related attorney fee motions are not separately appealable, deepening a split with other appellate divisions.

4th District Court of Appeal, Criminal Law

People v. Riggs — Defense counsel’s brief administrative suspension during trial does not, by itself, establish ineffective assistance of counsel

automatic / March 16, 2026

Fourth District holds that defense counsel's brief administrative suspension from the State Bar for trust account reporting noncompliance during trial does not, by itself, establish a denial of the right to effective assistance of counsel.

4th District Court of Appeal, Business Transactions, Litigation

Clarke v. Yu — Statute of frauds applies to oral and implied joint venture agreements that cannot be performed within one year

automatic / March 16, 2026

Fourth District holds that California's one-year statute of frauds applies to oral and implied joint venture agreements and affirms summary judgment for Scripps scientists in a biotech startup dispute with a venture capitalist.

1st District Court of Appeal, Criminal Law, Family Law

In re O.F. — Juvenile transfer order to adult court reversed for failure to apply heightened standards under AB 2361 and SB 545

automatic / March 13, 2026

First District reverses a juvenile court order transferring a 16-year-old murder defendant to adult court because the court did not apply the heightened amenability standards required by AB 2361 and SB 545.

3rd District Court of Appeal, Civil Procedure, Litigation

Jacobs v. Papez — Successor attorney can resolve all attorney lien priorities in a single declaratory relief action against client and prior counsel

automatic / March 13, 2026

Third District holds that an attorney with a competing lien can bring a single declaratory relief action against both the client and the prior attorney to resolve the validity, amount, and priority of all attorney liens on settlement proceeds.

6th District Court of Appeal, Criminal Law

People v. Anderson — CalECPA does not require suppression of phone evidence when officers reasonably relied on consent from deceased suspect’s mother

automatic / March 13, 2026

Sixth District holds that even if a search of a deceased suspect's phone violated the California Electronic Communications Privacy Act, suppression is not required because officers acted in good-faith reliance on the mother's consent.

2nd District Court of Appeal, Healthcare Law, Litigation

Pomona Valley Hospital v. Kaiser Foundation Health Plan — Expired contract rates are admissible in quantum meruit dispute over emergency room reimbursement; prejudgment interest capped at 7 percent

automatic / March 12, 2026

Second District holds that a hospital's expired 2004 contract with Kaiser was admissible in a quantum meruit dispute over emergency reimbursement and that prejudgment interest in such actions is 7 percent, not 10 percent.

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

Monroe v. CalPERS — Service retirement while under investigation for misconduct cuts off the right to apply for disability retirement

automatic / March 12, 2026

Second District holds that a parole agent who service retired while under misconduct investigation cannot pursue disability retirement because his departure under unfavorable circumstances foreclosed the possibility of reinstatement.

4th District Court of Appeal, Family Law

Marriage of Hoch — Spouse cannot be sanctioned for refusing to stipulate to convert legal separation into dissolution; mutual DVROs require independent finding of primary aggressor

automatic / March 12, 2026

Fourth District reverses Family Code section 271 sanctions for refusing to convert legal separation into dissolution and reverses a mutual DVRO that lacked substantial evidence of the wife as primary aggressor.

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

Yan v. City of Diamond Bar — Prior branch falls from same species of street tree are admissible to show city’s notice of dangerous condition

automatic / March 11, 2026

Second District holds that evidence of prior branch failures from same-species street trees in the same neighborhood is admissible to prove a city's notice of a dangerous condition under Government Code section 835.

2nd District Court of Appeal, Criminal Law

People v. Valencia — Hot pursuit and the safety of family members justified warrantless entry that led to standoff and officer’s death

automatic / March 10, 2026

Second District affirms convictions for the murder of a Pomona police officer and a separate assault, holding that hot pursuit and concern for family members justified the warrantless entry, but remands to correct determinate-term sentencing under Penal Code section 1170.1.

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

Center for Biological Diversity v. Public Utilities Commission — On remand from Supreme Court, Court of Appeal again upholds Net Energy Metering 3.0 successor tariff under Yamaha standard

automatic / March 9, 2026

On remand from the California Supreme Court, the First District again upholds the Public Utilities Commission's NEM 3.0 successor tariff for rooftop solar exports, applying the Yamaha standard of deference.

1st District Court of Appeal, Constitutional Law, Election Law

Alameda County Taxpayers’ Association v. City of Oakland — Oakland Zoo parcel tax initiative survives challenge after severing references to private operator

automatic / March 9, 2026

First District holds that an Oakland voter initiative funding the Oakland Zoo violated the California Constitution by naming a private operator, but the offending references can be severed and the measure passed with the required simple majority.

1st District Court of Appeal, Administrative Law, Litigation

Doe v. Regents of the University of California — UC Berkeley’s expulsion of student for sexual misconduct affirmed despite no Stage Four cross-examination

automatic / March 6, 2026

First District affirms UC Berkeley's expulsion of a student in a non-Title IX sexual misconduct case, holding that any limit on direct cross-examination at the campus hearing was harmless given the prior criminal preliminary hearing.

1st District Court of Appeal, Family Law

In re L.G. — Juvenile court must show reasonable efforts to prevent removal of a child from a mentally ill parent’s care

automatic / March 6, 2026

First District affirms juvenile court jurisdiction but reverses removal of an infant from a mother with serious mental illness because the agency did not show reasonable efforts to prevent removal.

2nd District Court of Appeal, Litigation, Real Estate Law

Montecito Country Club v. Root — Recorded golf cart easement is not abandoned by rerouting and can be expanded by prescription to include hedge maintenance

automatic / March 6, 2026

Second District holds that a recorded golf cart easement was not abandoned when the country club rerouted the path and that the easement was prescriptively expanded to include hedge and landscaping maintenance.