Civil Procedure

Ninth Circuit Court of Appeals, Civil Procedure, Litigation

Hedrington v. United States — Ninth Circuit Holds California Law Governs Claim Preclusion in FTCA Cases

automatic / May 22, 2026

The Ninth Circuit holds that under its binding precedent in Filice, California state claim preclusion law—not federal law—governs the preclusive effect of FTCA judgments, and a statute-of-limitations dismissal has no preclusive effect under California law.

Civil Procedure, Personal Injury & Tort

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

automatic / May 21, 2026

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

automatic / May 18, 2026

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

automatic / May 15, 2026

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, Collections & Creditor Rights, Litigation

Dawadi v. Adhikari — Check Annotations Do Not Revive a Time-Barred Debt

automatic / May 12, 2026

California’s Fourth District holds that check memo-line annotations labeling payments as “loan payment” are not sufficient written acknowledgments to revive a debt already barred by the statute of limitations.

2nd District Court of Appeal, Civil Procedure, Litigation

J.N. v. Goldberg — Sanctions Reversed Where E-Filing System Made It Impossible to Include Hearing Date in Safe Harbor Notice

automatic / May 11, 2026

Second District reverses $19,285 in sanctions because the movant’s notice of motion lacked a hearing date, holding that LA County’s electronic filing system does not excuse noncompliance with section 128.7’s mandatory safe harbor provisions.

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

Cardenas v. L.A. Unified School District — Appeal of COVID Vaccine Mandate Ruling Forfeited for Failure to Cite Record Evidence

automatic / May 11, 2026

Second District affirms summary judgment for LAUSD in a COVID-19 vaccine mandate challenge after school safety officers forfeited their appeal by failing to cite any record evidence in their opening brief.

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.