California Case Summaries

Civil Procedure

Secondary practice area

1st District Court of Appeal, Business Transactions, Civil Procedure, Litigation

Bogguess v. Uber Technologies, Inc. — Court affirms denial of arbitration because deceptive-pricing injunction is public relief and ambiguous severance language is construed against Uber

The Court of Appeal affirmed the denial of Uber's motion to compel arbitration, holding that the requested injunction against allegedly deceptive pricing is public injunctive relief and that ambiguous severance language must be construed against Uber under California contract law without FAA preemption.

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Election Law

Service Employees International Union v. Department of Justice — Ninth Circuit Reinstates Stay of Order Barring Federal Ballot-Sequestration Demands and Prosecution Threats

On Election Day 2026, a majority of the Ninth Circuit en banc court reinstated a panel order staying a district court's temporary restraining order that had barred federal officials from demanding ballot sequestration and threatening election officials with prosecution.

Ninth Circuit Court of Appeals, Administrative Law, Civil Procedure, Immigration

National TPS Alliance v. Mullin — Ninth Circuit denies Government’s bid to stay preliminary injunction pending appeal

After the Supreme Court vacated its earlier decision and remanded in light of Mullin v. Doe, the Ninth Circuit denied the Government's motion to stay the preliminary injunction pending appeal, denied its alternative request for an administrative stay of at least 21 days, and said it would set expedited merits briefing by separate order.

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Election Law

Service Employees International Union v. DOJ — Ninth Circuit Stays Order Barring Federal Ballot-Sequestration Requests and Prosecution Warnings

A divided Ninth Circuit panel granted the Government's motion for a stay pending appeal of a temporary restraining order that barred federal ballot-sequestration requests and prosecution warnings to election officials, concluding that the Government is likely to prevail on the Voting Rights Act and Elections Clause claims.

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

In re Marriage of A.O. and Vologodskaya — Attorney Fee Request Under Family Code Section 6344 Filed 14 Months After Stipulated Restraining Order Was Untimely

The Court of Appeal reversed a $39,000 attorney fee award under Family Code section 6344 because the fee motion was filed 14 months after a stipulated domestic violence restraining order, well beyond the deadline in California Rules of Court, rule 3.1702.

1st District Court of Appeal, Civil Procedure, Litigation

Alameda County Taxpayers’ Assn. v. City of Oakland — Electronic Service Adds Two Court Days to 30-Day Fee Motion Deadline in Validation Action, and Fee and Cost Awards Are Affirmed

The First District, Division Four, affirmed a $27,625 section 1021.5 fee award to a real party in interest and cost awards in a Measure Y validation action, holding in the published part that electronic service of notice of entry of judgment adds two court days to the 30-day fee motion deadline.

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

Civil Rights Department v. City of Torrance — Employer asserting Fair Chance Act compliance waives attorney-client and work product privilege over individualized assessment documents

The Court of Appeal affirmed the superior court's order compelling the City of Torrance to produce documents related to its individualized assessments of job applicants with criminal histories, holding that by asserting compliance with the Fair Chance Act as a defense to the Civil Rights Department's investigation, the City waived any attorney-client and work product privilege claims over the underlying assessment documents.

2nd District Court of Appeal, Civil Procedure, Criminal Law

People v. Thompson — Preliminary-Hearing Deadline Includes Timely Resolution of Suppression Motion

The Second District affirmed. A defendant is statutorily entitled to make a suppression motion at the preliminary hearing, and that motion is part of the hearing that section 859b requires to occur within its specified time. The prosecution could not preserve the complaint by separating the evidentiary issue from the preliminary hearing and postponing it beyond the deadline over the defendant’s objection.

Ninth Circuit Court of Appeals, Civil Procedure, Constitutional Law, Election Law

United States v. California — Ninth Circuit Dismisses Premature Ballot-Segregation Appeal

A divided Ninth Circuit panel dismissed the appeal for lack of jurisdiction and denied the emergency motion as moot. Ordinarily, an appellate court reviews an order granting or denying an injunction, not a request the trial court is still actively considering. The narrow constructive-denial doctrine can treat inaction as appealable when delay effectively refuses urgently needed relief and creates imminent, severe, irreparable consequences. Those conditions were not met here.

Ninth Circuit Court of Appeals, Administrative Law, Civil Procedure, Constitutional Law

Newsom v. Trump — Ninth Circuit Denies Voluntary Dismissal of Fully Briefed Appeal to Prevent Strategic Manipulation of Precedent, but Grants Dismissal of Unbriefed Extension Appeal

The Ninth Circuit denied Defendants' motion to voluntarily dismiss the fully briefed appeal of the initial federalization injunction, finding the appeal not moot and that dismissal would allow strategic manipulation of precedent, while granting dismissal of the unbriefed extension appeal.

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

Castillo v. Belkorp AG, LLC — Court of Appeal affirms denial of arbitration, holding an aggrieved employee may bring a PAGA action consisting solely of nonindividual claims

The Court of Appeal affirmed the trial court's denial of Belkorp's motion to compel arbitration, holding that an aggrieved employee may bring a PAGA action consisting solely of nonindividual claims without also asserting individual claims.

Ninth Circuit Court of Appeals, Administrative Law, Civil Procedure, Constitutional Law

Newsom v. Trump — Ninth Circuit affirms order blocking federalization and deployment of California National Guard in Los Angeles

The Ninth Circuit affirmed a district court order, reviewable as a preliminary injunction, that bars deployment of the federalized California National Guard in Los Angeles because neither 10 U.S.C. § 12406(3) nor § 12406(2) likely authorized the President's June 2025 federalization order.

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

Arora v. Arora — Family-Code Sanctions May Include Fees From Unsuccessful Contempt Proceedings

The Fourth District affirmed. Section 1218 and Family Code section 271 address different conduct and serve different purposes. Section 1218 permits a successful contempt movant to recover fees but does not create a reciprocal award for the alleged contemner. Section 271, by contrast, is a family-law sanction designed to encourage cooperation, settlement, and proportionate litigation. Applying section 271 to conduct occurring during contempt proceedings does not convert section 1218 into a reciprocal fee statute.

4th District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

Diplomat Property Manager, LLC v. FortiFi Financial, Inc. — Recording PACE Liens Is Not Protected Anti-SLAPP Activity, and Fraud Claims Do Not Arise from Later Receivership Litigation

The Court of Appeal affirmed the denial of FortiFi's anti-SLAPP motion, holding that recording PACE assessment liens is not protected prelitigation activity and that Diplomat's fraud-based claims do not arise from FortiFi's later litigation conduct in a receivership action.

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

John Doe N.K. v. Palm Springs Unified School District — School District Not Liable for 1978 Teacher Abuse Where No Supervisor Knew or Should Have Known of the Danger

The Court of Appeal affirmed summary judgment for a school district on negligent hiring, supervision and retention claims over a teacher's 1978–1979 sexual abuse of a student, holding that the plaintiff offered no evidence that district supervisors knew or should have known of the danger and that the district's lack of 40-year-old records did not create a triable issue.

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

Slamer v. Southern California Permanente Medical Group — Voluntary Dismissal With Prejudice Strips Trial Court of Power to Order Workers’ Compensation Lien Reimbursement

The Court of Appeal reversed an order requiring plaintiffs to reimburse an employer's workers' compensation lien because the trial court lost jurisdiction when plaintiffs voluntarily dismissed the entire action with prejudice before the employer moved for reimbursement.

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