California Case Summaries

Litigation

Primary practice area

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

Thakur v. Trump — Ninth Circuit Rules Terminating Research Grants Over DEI Viewpoints Likely Violates the First Amendment

The Ninth Circuit held that federal agencies likely violated the First Amendment by terminating University of California research grants based on recipients' perceived viewpoints on DEI and environmental justice, while ruling that a separate class of grant termination challenges falls outside district court jurisdiction under the Tucker Act.

1st District Court of Appeal, Environmental Law, Litigation

Chemical Toxin Working Group v. Best Naturals — Court of Appeal Rules Substantial Compliance Applies to Proposition 65 Pre-Suit Notices

California's First District Court of Appeal holds that the doctrine of substantial compliance applies to Proposition 65 pre-suit notice requirements, reversing a trial court that dismissed a toxic-substances lawsuit for failing to identify a responsible individual by name in the notice.

2nd District Court of Appeal, Labor & Employment Law, Litigation

Husband v. Target Corporation — Employer Not Charged with Knowledge of Undisclosed Bipolar Disorder Based on Erratic Behavior Alone

Second District holds that an employee's erratic and irrational behavior at work — including statements about killing his stepmother and inanimate objects laughing at him — did not charge employer with knowledge of a mental disability under FEHA, because disability was not the 'only reasonable interpretation' of the behavior.

Ninth Circuit Court of Appeals, Business Transactions, Litigation

Olson v. FCA US, LLC — Car Manufacturer Cannot Force Consumer to Arbitrate Using Dealership’s Arbitration Clause

Ninth Circuit holds that an automobile manufacturer that was not a party to a consumer's lease agreement with a dealership cannot enforce the lease's arbitration or delegation clause, reaffirming Kramer v. Toyota and applying the California Supreme Court's Ford Motor Warranty Cases decision.

California Supreme Court, Criminal Law, Litigation

People v. Mitchell — California Supreme Court Holds Defendants Who Agreed to Upper Term Sentences via Plea Bargain May Seek Retroactive Benefit of SB 567

The California Supreme Court unanimously held that defendants who accepted upper term sentences as part of a plea bargain may seek retroactive benefit of SB 567’s amendments to Penal Code section 1170(b), but the remedy is a remand for the defendant to waive, renegotiate, or withdraw the plea—not an automatic sentence reduction.

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.

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

Gibbs v. County of Humboldt — County Liable for Failing to Enroll Employee in CalPERS and Losing Personnel Records

California appeals court holds that Humboldt County can be sued for failing to enroll a 40-year court reporter in CalPERS and losing her personnel records, establishing that pension enrollment and record-keeping are mandatory duties enforceable under Government Code section 815.6.

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

United States v. Sanchez — Ninth Circuit Adopts ‘Heavy Presumption of Prejudice’ Standard When Racially Biased Juror Is Removed Mid-Deliberation

The Ninth Circuit holds that when a racially biased juror is discovered and removed before a verdict is accepted, courts must apply the Remmer framework’s heavy presumption of prejudice—and reverses a tax-fraud conviction because the government could not rebut that presumption.

4th District Court of Appeal, Litigation, Real Estate Law, Tax (non-estate)

Waterford Property Co. v. County of Orange — Declaratory Relief Claim Against Tax Assessor Arises from Protected Speech Under Anti-SLAPP Statute

Fourth District holds that a property company’s declaratory relief claim challenging tax assessments arose from the county assessor’s protected speech and petitioning under the anti-SLAPP statute, reversing the trial court’s denial of the county’s motion to strike.

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