Litigation

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

The Retail Property Trust v. Orange County Assessment Appeals Board — COVID-19 Pandemic Restrictions Did Not Cause “Damage” Triggering Tax Reassessment Under Section 170

automatic / April 15, 2026

Fourth District holds that the COVID-19 pandemic and related government restrictions did not cause "damage" to the Brea Mall within the meaning of Revenue and Taxation Code section 170(a)(1), and that calamity reassessment requires actual physical damage to property.

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.

4th District Court of Appeal, Criminal Law, Litigation

People v. Espiritu — Trial Court’s Failure to Recognize Presumptively Invalid Reason for Peremptory Challenge Requires Reversal Under Section 231.7

automatic / April 13, 2026

Fourth District reverses convictions in sexual assault case where the trial court failed to recognize that a peremptory challenge based on a juror's nursing occupation was presumptively invalid under Code of Civil Procedure section 231.7, holding that defense counsel's failure to specifically invoke the presumption did not forfeit the issue.

1st District Court of Appeal, Banking & Finance, Litigation

Y.P. v. Wells Fargo — Bank Employee’s Assurance That Fraudulent Check Had Cleared States Negligent Misrepresentation Claim

automatic / April 9, 2026

First District holds that a Wells Fargo employee's assurance that a fraudulent check had cleared states a cause of action for negligent misrepresentation, while affirming dismissal of breach of contract and other claims based on the deposit account agreement's express disclaimers.

4th District Court of Appeal, Criminal Law, Litigation

People v. Sanchez — Court Correcting Clerical Sentencing Error Cannot Modify Misdemeanor Sentences and Need Not Conduct Full Resentencing

automatic / April 9, 2026

Fourth District holds that a court correcting a clerical error in an abstract of judgment is not required to conduct full resentencing or hear Romero motions, but exceeded its authority by modifying the underlying misdemeanor sentences during the correction process.

4th District Court of Appeal, Criminal Law, Litigation

People v. Bradley — Stayed Sentences for Unused One Strike Circumstances and Habitual Sexual Offender Law Are Unauthorized

automatic / April 8, 2026

Fourth District affirms forcible rape and related convictions but holds that stayed sentences based on unused One Strike circumstances and the Habitual Sexual Offender law are unauthorized when the defendant is already sentenced under the One Strike law and Three Strikes law for the same offense.

4th District Court of Appeal, Business Transactions, Litigation

Gonzalez v. Community Mortuary — Impracticability of Performance Is an Equitable Defense Tried to the Court, Not the Jury

automatic / April 8, 2026

Fourth District holds that impracticability of performance is an equitable defense that must be tried to the court rather than the jury and reverses a defense verdict in a breach of contract case arising from a Texas mortuary's body mix-up that resulted in the wrong body being buried in San Diego.

5th District Court of Appeal, Litigation, Real Estate Law

Tulare Medical Center Property Owners Assn. v. Valdivia — CC&Rs Adopted by Public Entity Cannot Prohibit Abortion Clinics in Medical Common Interest Development

automatic / April 8, 2026

Fifth District holds that CC&Rs adopted by a public hospital district cannot be enforced to prohibit a clinic from providing abortion services because such enforcement would violate the California Constitution's reproductive freedom guarantee and Civil Code section 531.

2nd District Court of Appeal, Criminal Law, Litigation

People v. Player — Jury’s Not-True Firearm Findings Do Not Collaterally Estop Resentencing Court from Finding Defendant Was Actual Killer

automatic / April 7, 2026

Second District holds that a jury's not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining People v. Hart.

2nd District Court of Appeal, Family Law, Litigation

In re Marriage of Bowman — Family Court May Apply Family Code Fee Factors Even When MSA Has Prevailing Party Clause

automatic / April 3, 2026

Second District holds that the family law court retains discretion under Family Code sections 2030 and 2032 to consider parties' relative financial circumstances when fixing attorney's fees, even where a marital settlement agreement contains a contractual prevailing party fee clause.

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.

2nd District Court of Appeal, Criminal Law, Litigation

In re Melson — Murder Conviction Vacated for Napue Error and Ineffective Assistance Where Prosecutor Failed to Correct False Eyewitness Testimony

automatic / April 2, 2026

Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses' actual statements, applying the Supreme Court's recent Glossip v. Oklahoma decision.

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

The Merchant of Tennis v. Superior Court — Class Action Curative Notice Must Warn of Potential Repayment of Rescinded Settlement Funds

automatic / April 2, 2026

Fourth District holds that a curative notice in a wage and hour class action must warn employees who rescind individual settlement agreements that they may be required to repay the settlement consideration if the employer prevails, applying California Civil Code rescission statutes rather than federal class action precedents.

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

Pagan v. City of San Rafael — Open and Obvious Roadway Conditions Defeat Dangerous Condition Claim

automatic / April 1, 2026

First District affirms summary judgment for City of San Rafael in dangerous condition case where teenage driver hydroplaned on wet curve, holding the conditions were open and obvious as a matter of law and that plaintiff could not defeat summary judgment by raising new pavement-defect theories outside the pleadings.

6th District Court of Appeal, Litigation, Personal Injury & Tort

Harcourt v. Tesla — Consumer Expectations Test Cannot Be Used to Prove Defect in Complex Vehicle Safety System

automatic / April 1, 2026

Sixth District affirms nonsuit for Tesla in case where toddler started Model X and ran over his pregnant mother, holding that the consumer expectations test does not apply to complex modern vehicle safety systems and the plaintiff failed to identify any specific design feature that violated ordinary consumer expectations.

1st District Court of Appeal, Environmental Law, Litigation

Bair v. California Department of Transportation — Discharge of CEQA writ ends Richardson Grove highway dispute under res judicata

automatic / March 26, 2026

First District holds that the discharge of an earlier CEQA writ necessarily decided the adequacy of Caltrans's revised analysis of impacts on Richardson Grove redwoods, barring petitioners from relitigating those impacts in a third writ proceeding.

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

Guinnane Construction v. Chess — Tort of another doctrine does not allow recovery of attorney fees incurred in the tort action itself

automatic / March 26, 2026

First District holds that a plaintiff who recovers attorney fees from a tortfeasor under the tort of another doctrine cannot also recover the fees incurred in prosecuting the tort of another action itself.

1st District Court of Appeal, Administrative Law, Litigation

Cleare v. Superior Court (West Contra Costa Unified School District) — School district must exhaust statutory teacher hiring procedures before invoking impossibility defense

automatic / March 25, 2026

First District grants writ requiring West Contra Costa Unified School District to comply with statutory teacher hiring procedures before invoking impossibility to defend its use of rolling and unauthorized substitutes.

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

Aerni v. RR San Dimas — Civil Code section 1940.1 ‘residential hotel’ showing does not require individualized proof that each plaintiff used the hotel as primary residence

automatic / March 25, 2026

Second District reverses denial of class certification in a Red Roof Inn 28-day shuffle case, holding that Civil Code section 1940.1 does not require each class member to prove individualized use of the hotel as their primary residence.

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.

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

Guardian Storage Centers v. Simpson — State Fund rule applies when attorney receives privileged emails that ex-employee improperly took from former employer

automatic / March 24, 2026

Fourth District holds that the State Fund rule applies when a law firm receives privileged emails that a former executive improperly took from the company, and reverses the trial court's denial of disqualification motions.

3rd District Court of Appeal, Labor & Employment Law, Litigation

Pechkis v. Trustees of California State University — Anti-SLAPP fails where retaliation claims do not arise exclusively from protected investigatory activity

automatic / March 24, 2026

Third District affirms denial of an anti-SLAPP motion in a CSU professor retaliation case, holding that claims based 'in part' on communications with another university do not arise from protected activity when other unprotected employment decisions also support the claim.

4th District Court of Appeal, Insurance Law, Litigation

City of Riverside v. RLI Insurance Co. — Royal Globe joinder rule does not bar additional insured from suing both insurer and the named insured contractor in same action

automatic / March 20, 2026

Fourth District holds that the Royal Globe joinder rule does not bar an additional insured city from suing both its contractor's insurer and the contractor in the same action arising from a fatal pedestrian accident.

1st District Court of Appeal, Family Law, Litigation

Sheerer v. Panas — Self-represented litigants face the same duty to verify AI-generated citations as attorneys; child support order reversed for failing to include bonus and RSU income

automatic / March 19, 2026

First District extends its warning about AI-generated fake citations to self-represented litigants and reverses a child support order for failing to include the obligor's bonus and restricted stock unit income.

3rd District Court of Appeal, Healthcare Law, Litigation

Wright v. WellQuest Elk Grove — California arbitration procedural rules apply by default; trial court properly refused to compel arbitration over wrongful death and elder neglect claims

automatic / March 18, 2026

Third District holds that a memory care facility's selection of the FAA does not displace California's section 1281.2(c) procedural provisions, allowing the trial court to deny arbitration of survivor and wrongful death claims based on the risk of conflicting rulings.