California Case Summaries

Civil Procedure

Secondary practice area

1st District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

County of Del Norte v. Britt — Homeowners Wrongly Named in Housing Receivership Can Recover Attorney Fees from the County

When a county names the relatives of a deceased property owner in a housing receivership proceeding and then fails to establish their liability, those relatives are entitled to recover attorney fees from the county under Health and Safety Code section 17980.7(c)(11), which overrides the older, more general bar on cost awards against municipalities.

1st District Court of Appeal, Civil Procedure, Litigation

Quinteros v. Harbor Distributing — Court Upholds $6,000 Sanctions for AI-Generated Brief With Eight Fabricated Case Quotations

A California appeals court upheld $6,000 in sanctions against a law firm whose outsourced contract attorney filed a brief containing two nonexistent case citations and eight fabricated quotations — likely generated by AI — confirming that attorneys of record bear ultimate responsibility for the accuracy of every filing regardless of who drafted it.

4th District Court of Appeal, Civil Procedure, Litigation

Citizens of Humanity v. Donboli — Family Tie to Class Counsel Does Not Defeat Probable Cause in Malicious Prosecution Action

California's Fourth District Court of Appeal holds that a class representative's family tie to class counsel does not automatically defeat probable cause in a subsequent malicious prosecution action — the key question is whether the underlying claims had legal merit, not whether any particular plaintiff was the right vehicle for them.

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

Baker v. Bay Area Toll Authority — CEQA Challenge to Bay Bridge’s Bay Lights 360 LED Installation Is Time-Barred and Precluded

The First District affirms that a CEQA challenge to the Bay Bridge's Bay Lights 360 LED installation is time-barred, holding that a subsequent Caltrans encroachment permit does not create a new project or restart the limitations period, and issue preclusion bars relitigating questions resolved in an earlier dismissed suit.

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

Askins v. CRST Expedited — California Courts Do Not Require Concrete Injury for Standing Under the Federal Fair Credit Reporting Act

The First District Court of Appeal held that California plaintiffs may pursue statutory damages under the Fair Credit Reporting Act without proving concrete injury, departing from the Fifth District's Limon decision and reversing a class decertification order.

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

United States v. $1,106,775 in U.S. Currency — Ninth Circuit En Banc Limits Government’s Power to End Civil Forfeiture Cases Through Discovery Sanctions

The Ninth Circuit, sitting en banc, reverses a district court that ended a $1.1 million civil forfeiture case as a discovery sanction, holding that the claimant established standing and gave the government enough information to investigate his ownership claim.

Civil Procedure, Personal Injury & Tort

McGarry v. Uber Technologies — Fourth District Affirms Summary Judgment for Rideshare in Intoxicated Passenger’s Off-Route Freeway Death

The Fourth Appellate District (Division One) affirmed summary judgment for Uber in a wrongful-death suit, holding that an intoxicated college passenger’s death after she was struck on a freeway interchange roughly four miles from where two Uber drivers had left her was not within the scope of risk created by the drivers’ conduct.

3rd District Court of Appeal, Civil Procedure, Criminal Law, Litigation

Nuanmanee v. Superior Court — Court of Appeal Holds Defendant Was Not ‘Brought to Trial’ When Court Policy Prevented Jury Empanelment on Last Statutory Day

The Third District Court of Appeal granted a writ of mandate ordering dismissal of a misdemeanor DUI case after the trial court’s policy of not empaneling juries on Mondays prevented the defendant from being brought to trial on the last statutory day under Penal Code section 1382.

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

Sargenti v. City of Long Beach — Court Affirms Summary Judgment for City in E-Scooter Sidewalk Fall, Limits Sweetwater Doctrine

The Second District affirmed summary judgment for the City of Long Beach in an e-scooter sidewalk injury case, holding that amended interrogatory responses don’t automatically create triable issues and that the Sweetwater rule for anti-SLAPP evidence does not extend to summary judgment.

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

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

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.

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