California Case Summaries

Civil Procedure

Secondary practice area

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

Sua v. Superior Court — Prosecution Cannot Compel Mental Exam for Defendants Seeking Mental Health Diversion

automatic / July 16, 2026

The Fourth District Court of Appeal held that California's criminal discovery statute (Penal Code § 1054.3(b)(1)) does not authorize a trial court to compel a defendant seeking pretrial mental health diversion to undergo a prosecution mental examination, because the diversion hearing is not a trial at which the defendant has placed mental state in issue through expert testimony.

California Supreme Court, Civil Procedure, Litigation

Maniago v. Desert Cardiology Consultants — Voluntary Dismissal Forfeits Right to Appeal Adverse Pretrial Rulings

automatic / July 16, 2026

The California Supreme Court held that when plaintiffs voluntarily dismiss their action before any of their claims have been finally resolved by the trial court, the dismissal terminates the action and forfeits the right to appeal — it does not create an appealable judgment even if the stated purpose was to expedite review of adverse pretrial rulings.

Ninth Circuit Court of Appeals, Banking & Finance, Civil Procedure, Litigation

Relator LLC v. Erskine — Ninth Circuit Revives PPP Fraud Whistleblower Suit, Holds Mortgage Company’s Own Website Is Not “News Media” Under False Claims Act

automatic / July 15, 2026

The Ninth Circuit reversed dismissal of a False Claims Act qui tam suit alleging PPP fraud by a California mortgage company, holding that a NAICS industry code alone does not publicly disclose fraud and that a company's own website does not qualify as 'news media' for purposes of the Act's public disclosure bar.

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

Wilkins v. Cruise, LLC — Autonomous Vehicle Company’s Sign-In Wrap Agreement Enforces Arbitration Clause Against Injured Rider

automatic / July 14, 2026

California's First District Court of Appeal reversed a trial court that had refused to compel arbitration, holding that Cruise's mobile app sign-in screen gave an injured employee-rider sufficiently conspicuous notice of the arbitration clause in its Terms of Service, and that GM's related corporate entities were not "third parties" under the CCP §1281.2(c) exception.

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

Victor Valley Union High School District v. Superior Court — School District Immunity Turns on Where Negligence Occurred, Not Where Student Was Harmed

automatic / July 13, 2026

The Fourth District Court of Appeal clarifies that a school district’s immunity under Education Code section 44808 depends on where the district’s negligent act occurred — not where the student was ultimately injured — overruling two of its own prior decisions in the process.

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

In re King — Trial Court Must Expressly Find No Less Restrictive Alternative Before Ordering Pretrial Detention

automatic / July 13, 2026

The Fourth District Court of Appeal, on remand from the California Supreme Court, holds that a trial court ordering pretrial detention must make an express finding by clear and convincing evidence that no less restrictive condition than incarceration will adequately protect public safety — “balancing” alternatives against danger is not enough.

Ninth Circuit Court of Appeals, Civil Procedure, Litigation

Price v. Diab — ADA Plaintiff Who Wins Accessibility Injunction via Default Judgment Is a “Prevailing Party” Entitled to Attorney’s Fees

automatic / July 13, 2026

The Ninth Circuit holds that an ADA plaintiff who obtains a default judgment and injunction requiring a Fontana Family Dollar to fix accessibility barriers is a “prevailing party” entitled to seek attorney’s fees — even though the injunction only requires what federal law already mandates.

Ninth Circuit Court of Appeals, Civil Procedure, Immigration, Litigation

Menjivar-Ayala v. Blanche — Ninth Circuit Holds BIA Must Consider Ineffective Assistance Claim Even When Attorney’s Failure Occurred Before a Different Court

automatic / July 9, 2026

The Ninth Circuit holds that the Board of Immigration Appeals has authority — and obligation — to consider ineffective assistance of counsel claims arising from an attorney's post-final-order misconduct before a different tribunal, and that mailing a courtesy copy of a BIA decision to a represented noncitizen does not overcome the presumption of prejudice from counsel's failure to notify them.

4th District Court of Appeal, Civil Procedure, Litigation

Damak v. Superior Court — Trial Courts Must Apply Section 2023.050’s Mandatory $1,000 Sanction for Bad-Faith Discovery Conduct, Regardless of Whether the Moving Party Incurred Expenses

automatic / July 8, 2026

The Fourth District held that trial courts must consider Code of Civil Procedure section 2023.050 — which imposes a mandatory $1,000 sanction for bad-faith document production conduct regardless of the other party's actual expenses — and that a self-represented litigant facing discovery stonewalling by opposing counsel is not left without a remedy.

Scroll to Top