Civil Procedure

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

People v. Pineda — 2nd District Holds Codefendant’s Perkins-Operation Statements Are Admissible at 1172.6 Hearing as Declarations Against Penal Interest

automatic / May 4, 2026

The Second District holds that hearsay testimony from a preliminary hearing is admissible at a section 1172.6 evidentiary hearing if it qualifies as a declaration against penal interest — affirming denial of a gang-shooting resentencing petition.

1st District Court of Appeal, Civil Procedure, Tax (non-estate)

Garcia-Rojas v. Franchise Tax Board — Court of Appeal Reverses Summary Judgment, Says Single-Activity Sole Proprietor Is Not a Unitary Business

automatic / May 1, 2026

California Court of Appeal reverses summary judgment for the Franchise Tax Board, holding that a Texas-based radiologist working remotely as a sole proprietor for one California company is not a 'unitary business' under regulation 17951-4(c).

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

In re Marriage of Nishida & Kamoda — Civil Lawsuit Alleging Fraud in Marital Stipulation Was Timely and Should Not Have Been Dismissed After Transfer to Family Law Court

automatic / April 30, 2026

Fourth District reverses dismissal of civil fraud lawsuit alleging misrepresentation in connection with marital settlement stipulation, holding that the lawsuit was timely filed and should not have been dismissed under Family Code section 2122 after transfer to family law court.

2nd District Court of Appeal, Civil Procedure, Litigation

Detrick v. Shimada — Declaration in English From Witness Who Cannot Read English Is Not Competent Evidence Without Interpreter Attestation

automatic / April 28, 2026

Second District reverses summary judgment for malicious prosecution defendant, holding that an English-language declaration purportedly reflecting the words of a witness who could not read or speak English is not competent evidence without attestation from a qualified interpreter or translator.

4th District Court of Appeal, Civil Procedure, Litigation

Amezcua v. Superior Court — Trial Court Cannot Condition Leave to Amend Under Section 473 on Payment of Attorney’s Fees

automatic / April 24, 2026

Fourth District grants writ of mandate striking a $25,000 attorney's fee condition the trial court had imposed sua sponte on the plaintiff's leave to amend her complaint, holding that Code of Civil Procedure section 473 does not authorize fee awards as conditions of amendment.

1st District Court of Appeal, Civil Procedure, Litigation

Zand v. Sukumar — Court of Appeal Sanctions Frivolous Appeal Attacking Anti-SLAPP Fee Award Already Affirmed in Prior Appeal

automatic / April 14, 2026

First District affirms a $41,580 attorney's fee award and imposes sanctions for a frivolous appeal where a self-represented litigant attempted to use a second appeal to attack the underlying anti-SLAPP ruling already affirmed in a prior appeal.

2nd District Court of Appeal, Civil Procedure, Litigation

Albarghouti v. LA Gateway Partners — California False Claims Act Seal Lifts Automatically After 60 Days Absent Extension

automatic / April 2, 2026

Second District holds that the seal on a California False Claims Act qui tam complaint lifts automatically after the statutory 60-day period absent a government request for extension, and that any seal violations are not grounds for sustaining a demurrer.

4th District Court of Appeal, Civil Procedure, Litigation

O’Leary v. Jones — Dismissal of arbitration confirmation petition for lack of personal jurisdiction did not make defendant the prevailing party on the contract for fees

automatic / March 24, 2026

Fourth District holds that a guarantor's procedural dismissal of an arbitration confirmation petition for lack of personal jurisdiction did not make him the prevailing party on the contract for attorney fees but did entitle him to costs.

Appellate Division (Superior Court), Civil Procedure, Real Estate Law

360 So Reeves v. Dutton — Tenant bears the burden of proving landlord’s noncompliance with Civil Code section 1962 disclosures

automatic / March 20, 2026

Los Angeles Appellate Division holds that noncompliance with Civil Code section 1962 is an affirmative defense for which the tenant bears the burden of proof in a residential unlawful detainer action.

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.

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.

2nd District Court of Appeal, Civil Procedure, Litigation

Woodhouse v. State Bar of California — Vexatious-Litigant Determination Affirmed; Future Pro Per Filings Require Pre-Filing Approval and Security

automatic / February 27, 2026

Second District affirms a trial-court ruling declaring an inactive California attorney a vexatious litigant and barring his future pro per suits absent pre-filing approval and posted security, in light of a long history of dismissed federal cases and frivolous filings.

2nd District Court of Appeal, Civil Procedure, Collections & Creditor Rights, Litigation

Bagby v. Davis — California Law Governs Collection in California Courts; Surrendered Life Insurance Policy Not Necessarily Exempt

automatic / February 17, 2026

Second District holds California exemption law applies to collection actions in California courts regardless of where the judgment debtor lives, and that funds rolled over from a surrendered life insurance policy into IRAs are not categorically exempt from levy.

4th District Court of Appeal, Civil Procedure, Litigation

Hatlevig v. General Motors LLC — Motion for Attorney Fees Untimely When Filed and Served More Than 180 Days After Court-Ordered Dismissal Took Effect

automatic / February 17, 2026

Fourth District affirms denial of a Song-Beverly plaintiff's attorney-fee motion as untimely, holding the motion had to be served within 180 days of the court-ordered dismissal date even though the parties had not formally filed a dismissal.

4th District Court of Appeal, Civil Procedure, Litigation

Semaan v. Mosier — Court-Appointed Receivers Are Protected by Quasi-Judicial Immunity for Discretionary Acts; Anti-SLAPP Motion Granted

automatic / February 6, 2026

Fourth District holds that a court-appointed receiver is protected by quasi-judicial immunity for discretionary acts and decisions, affirming the grant of an anti-SLAPP motion to strike claims against the receiver brought by a criminal defendant and his family.

1st District Court of Appeal, Civil Procedure, Litigation

Bartholomew v. Parking Concepts, Inc. — Collecting License Plate Data Without Required ALPR Policy Is Itself a Cognizable Harm

automatic / February 5, 2026

First District holds a parking-garage operator's collection of customers' license-plate information without the publicly available ALPR policy California law requires is itself the kind of harm that supports a private suit under the ALPR Law.

Appellate Division (Superior Court), Civil Procedure, Litigation, Real Estate Law

Gerard v. Cuevas — Trial Court Abused Discretion by Imposing Terminating Sanction for Tenant’s Failure to Comply With Last-Minute Notice to Attend Trial

automatic / February 5, 2026

Los Angeles Appellate Division reverses an unlawful-detainer default judgment and terminating sanction, holding the trial court abused its discretion by retroactively shortening Code of Civil Procedure section 1987's 10-day notice period to 91 minutes and then striking the tenant's answer for not appearing.

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

Matthews v. Ryan — Section 998 Settlement Offer Conditioned on Insurer Consent Was Valid; Trial Court Must Reconsider Prejudgment Interest

automatic / January 28, 2026

Second District holds a personal-injury plaintiff's pretrial settlement offer conditioned on the defendant's insurer's consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated or not.

3rd District Court of Appeal, Civil Procedure, Litigation

Viani v. Fair Oaks Estates, Inc. — Third Appeal Dismissed; Costs Judgment After Voluntary Dismissal Is Not an Appealable Final Judgment

automatic / January 28, 2026

Third District dismisses plaintiffs' third appeal in an assisted-living negligence case, holding a postjudgment costs order entered after a voluntary dismissal without prejudice does not provide a back-door route to appellate review of an underlying summary-adjudication ruling.

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

Marriage of Starr — Date-of-Separation Allegation in Amended Petition Was Not a Binding Judicial Admission

automatic / January 22, 2026

First District reverses a trial-court order that bound a wife to the date of separation alleged in her amended dissolution petition, holding that allegation was not a judicial admission where the parties had treated a different date as in dispute throughout the litigation.

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

Yeh v. Barrington Pacific — ICRAA’s $10,000 Statutory Damages Provide Standing Without Actual Injury, but UCL Standing Still Requires Concrete Loss

automatic / January 21, 2026

Second District holds that California's Investigative Consumer Reporting Agencies Act gives applicants standing to sue for $10,000 in statutory damages without proving actual harm, but Unfair Competition Law claims still require a concrete economic injury.

4th District Court of Appeal, Civil Procedure, Litigation

N.D. v. Superior Court — $25,000 Sanctions for Lawyer Who Filed Frivolous Writ Petition Accusing Trial Judge of Misconduct Without Evidence

automatic / January 20, 2026

Fourth District imposes $25,000 in sanctions on attorney T. Matthew Phillips for filing a frivolous writ petition that accused the trial judge of retaliation, discrimination, and acting in concert with opposing counsel — none of which was supported by evidence in the record.

3rd District Court of Appeal, Civil Procedure, Litigation

Randolph v. Trustees of California State University — Failure to Object to a Trial Date Past the Five-Year Deadline Is Not an Oral Stipulation to Extend

automatic / January 16, 2026

Third District affirms mandatory dismissal under Code of Civil Procedure section 583.310, holding that a defendant's failure to object when a trial date is set beyond the five-year (plus emergency-rule six-month) deadline does not amount to an oral stipulation to extend the deadline.

4th District Court of Appeal, Civil Procedure, Litigation

Barbanell v. Lodge — Petitioner Who Wins a Court Order Appointing a New Arbitrator Is a ‘Prevailing Party’ Entitled to Fees

automatic / January 8, 2026

Fourth District holds that a party who wins a discrete court petition to appoint a new arbitrator is the prevailing party in that proceeding and is entitled to attorney fees under the underlying contract, even though the parties' substantive disputes remained pending in arbitration and a parallel lawsuit.

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

In re Fuel Industry Climate Cases — California Has Specific Personal Jurisdiction Over Out-of-State Oil Company in Climate-Damages Suit

automatic / January 5, 2026

First District holds California courts may exercise specific personal jurisdiction over Citgo Petroleum in coordinated climate-damages litigation brought by California cities and counties, based on Citgo's longstanding gasoline supply contracts with California retailers.