Litigation

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

automatic / June 10, 2026

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.

Ninth Circuit Court of Appeals, Labor & Employment Law, Litigation

Orr v. United States District Court (C.D. Cal.) — Ninth Circuit Holds Courts Must Decide FAA vs. State Law Before Compelling Arbitration

automatic / June 9, 2026

The Ninth Circuit grants a UPS delivery driver a writ of mandamus requiring the district court to first determine whether the FAA or California Arbitration Act governs her employment agreement before compelling arbitration — a threshold question courts cannot punt to arbitrators.

Ninth Circuit Court of Appeals, Environmental Law, Litigation

Forward, Inc. v. MacOmber — General Supervisory Authority Over State Agencies Is Not Enough to Sue State Officials Under Federal Environmental Law

automatic / June 9, 2026

The Ninth Circuit holds that a landfill owner suing California's CDCR Secretary and DGS Director for RCRA hazardous waste violations ran into Eleventh Amendment immunity because general supervisory authority over agencies is not a "fairly direct" connection to the specific violations required to sustain a citizen suit against state officials.

Ninth Circuit Court of Appeals, Immigration, Litigation

Rojas-Espinoza v. Blanche — Ninth Circuit En Banc Reverses Course, Grants Stay of Removal and Will Reconsider Asylum Nexus Standard

automatic / June 9, 2026

The Ninth Circuit's en banc court vacates its own earlier denial of a stay of removal and re-grants the stay in an immigration case, while soliciting briefing on whether to overrule its 2023 precedent on the nexus element for asylum — drawing sharp dissents about the court's inconsistency.

4th District Court of Appeal, Family Law, Litigation

In re A.T. — Child Must Be Under Five at Time of Jurisdictional Hearing for Section 300(e) to Apply

automatic / June 5, 2026

In a case of first impression, the Fourth District holds that section 300(e) juvenile dependency jurisdiction requires the child to be under five at the time of the hearing, not when the abuse occurred — reversing findings against a child who turned five before the hearing.

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

automatic / June 5, 2026

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.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law, Litigation

Ciria v. Gerrans — Ninth Circuit Denies Qualified Immunity to SFPD Inspectors Who Allegedly Fabricated Evidence Leading to 32-Year Wrongful Imprisonment

automatic / June 5, 2026

The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria's 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.

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

automatic / June 4, 2026

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.

1st District Court of Appeal, Business Transactions, Litigation

Phillips v. Volvo Penta — Song-Beverly Act Limits Component Manufacturer’s Liability to the Component It Warranted

automatic / June 4, 2026

The First District held that under the Song-Beverly Act, a component manufacturer that warranties only its component is obligated to replace or reimburse only that component — not the entire consumer product in which it is incorporated.

Ninth Circuit Court of Appeals, Litigation, Real Estate Law

Coffey v. Fast Easy Offer — Ninth Circuit Broadens TCPA Telephone Solicitation Definition to Include Indirect Sales Pitches

automatic / June 4, 2026

The Ninth Circuit reversed dismissal of a TCPA class action, holding that unsolicited calls asking homeowners if they want to sell their property qualify as telephone solicitations because the caller's underlying purpose was to encourage the purchase of real estate brokerage services.

Ninth Circuit Court of Appeals, Constitutional Law, Litigation

Welsh v. Loudbear — Tribal Officials Sued Individually for RICO Violations Cannot Claim Sovereign Immunity

automatic / June 4, 2026

The Ninth Circuit reversed dismissal of a civil RICO action against tribal officials, holding that officials sued in their individual capacities for money damages are not protected by tribal sovereign immunity and the tribe was not a required party.

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

Lnu v. Blanche — Ninth Circuit Suspends Two California Attorneys for Filing AI-Hallucinated Citations and Repeatedly Lying About It

automatic / June 3, 2026

Ninth Circuit suspends two Orange County attorneys for six months after they filed briefs with AI-generated fake case citations and repeatedly denied the use of generative AI to the court.

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

Harland v. City of West Hollywood — Premature Filing Against a Public Entity Cannot Be Cured by Dismissing and Refiling

automatic / June 2, 2026

California’s Second District Court of Appeal holds that a plaintiff who sues a public entity before the 45-day claims-response period expires cannot cure the defect by voluntarily dismissing and refiling after the claim is denied.

California Supreme Court, Constitutional Law, Criminal Law, Litigation

People v. Barrera — Death sentence affirmed for torture-murder of two young children, with key rulings on expert hearsay and lesser-included-offense instructions

automatic / June 1, 2026

The California Supreme Court unanimously affirmed the death sentence of a Los Angeles father convicted of the torture-murders of two young children, holding that months of deliberate beatings, starvation, and medical neglect provided sufficient evidence of premeditated torturous intent, and that confrontation clause error in admitting a non-testifying expert's hearsay was harmless in light of the overwhelming independent evidence of abuse.

California Supreme Court, Constitutional Law, Criminal Law, Litigation

People v. Chhuon and Pan — Defense Counsel’s Guilty Concession Over Client’s Objection Requires Full Reversal in Capital Case

automatic / June 1, 2026

The California Supreme Court reverses a death-row defendant's convictions entirely because his attorney conceded guilt over the client's explicit objection — a structural constitutional error requiring automatic reversal — while affirming the co-defendant's death sentence and vacating both defendants' gang enhancements under California's reformed gang statute.

California Supreme Court, Constitutional Law, Criminal Law, Litigation

People v. Demolle — California Supreme Court Affirms Death Sentence in 1999 Child Murder; Clarifies Fourth Amendment Detention Rules and Victim Impact Testimony Scope

automatic / June 1, 2026

The California Supreme Court affirms a death sentence for the 1999 rape-murder of an Oakland 11-year-old, holding that a suspect who voluntarily accompanies police to the station and is briefly placed in a lockable interview room has not been seized under the Fourth Amendment — and clarifying when victim impact testimony from a teacher may be admitted at a capital penalty phase.

5th District Court of Appeal, Civil Procedure, Labor & Employment Law, Litigation

Cortina v. North American Title Co. — Appellate Court Reverses 19-Year Wage-and-Hour Class Action Over Trial Errors

automatic / May 29, 2026

The Fifth District reverses a 19-year wage-and-hour class action over improper judicial reference and flawed statistical sampling, reinforcing Duran's rigorous requirements for misclassification class trials.

1st District Court of Appeal, Administrative Law, Environmental Law, Litigation

Dummer v. City and County of San Francisco — City Has Discretion to Plan Fishing Program Before Opening Reservoir to Public

automatic / May 29, 2026

The First District holds that San Francisco has discretion to develop a fishing program and complete CEQA review before applying for a water supply permit to open the Calaveras Reservoir to public fishing.

California Supreme Court, Civil Procedure, Litigation

J.O. v. Superior Court — California Supreme Court Curbs Blanket Peremptory Challenges to Judges Under CCP Section 170.6

automatic / May 28, 2026

The California Supreme Court overrules Solberg and holds that courts may now scrutinize alleged blanket peremptory challenges to judges under CCP section 170.6, adopting a Batson-like three-step procedure to protect judicial independence.

1st District Court of Appeal, Criminal Law, Litigation

People v. Brinston — Court Reverses Denial of Compassionate Release for Severely Incapacitated Prisoner

automatic / May 28, 2026

The First District reverses the denial of compassionate release for a prisoner whose severe medical deterioration — complete loss of lower extremity function, fused spine, and incontinence — made any realistic possibility of future harm impossible.

2nd District Court of Appeal, Civil Procedure, Litigation

Kostandian v. American Honda Motor Co. — Court of Appeal Reverses Denial of Arbitration in Lemon Law Case, Enforces Warranty Booklet Clause

automatic / May 27, 2026

The Second District Court of Appeal reversed denial of arbitration in a lemon law case, holding that the plaintiff failed to dispute the existence of arbitration agreements in both the lease and the manufacturer’s warranty booklet.

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

SVF Grosvenor Del Rey Corp. v. Schwarz — Eviction Notice Invalidated for Omitting Contact Name and Phone Number in Mail Payment Option

automatic / May 27, 2026

The Appellate Division holds that a three-day pay-or-quit eviction notice is void where the mail payment option lists only a “leasing office” without the name and telephone number of a specific person, as required by Code of Civil Procedure section 1161(2).

2nd District Court of Appeal, Civil Procedure, Litigation

Watson v. Prof. Business Management Corp. — Nonsignatory Cannot Compel Arbitration Based Solely on Boilerplate Agency Allegations

automatic / May 26, 2026

California appellate court holds that a nonsignatory defendant cannot compel arbitration by relying on generic boilerplate agency allegations in an unverified complaint as judicial admissions.

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

In re N.S. — Juvenile Court Cannot Commit Minor to Secure Facility When Most Recent Offense Is Not a Qualifying Crime

automatic / May 26, 2026

California appellate court reverses juvenile's commitment to a Secure Youth Treatment Facility because the minor's most recent offense by date was not a qualifying crime under section 707(b).

2nd District Court of Appeal, Constitutional Law, Criminal Law, Litigation

People v. Cardenas — Defendants Have the Right to Argue Aggravating Sentencing Factors to a Jury

automatic / May 26, 2026

California appellate court rules that defendants must be allowed to argue aggravating sentencing factors to a jury, reversing an upper-term firearm enhancement where the trial court denied closing argument on those factors.