California Case Summaries

Litigation

Primary practice area

4th District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Victor Valley Union High School District v. Superior Court — School District Immunity Turns on Where Negligence Occurred, Not Where Student Was Harmed

The Fourth District Court of Appeal clarifies that a school district’s immunity under Education Code section 44808 depends on where the district’s negligent act occurred — not where the student was ultimately injured — overruling two of its own prior decisions in the process.

Ninth Circuit Court of Appeals, Civil Procedure, Litigation

Price v. Diab — ADA Plaintiff Who Wins Accessibility Injunction via Default Judgment Is a “Prevailing Party” Entitled to Attorney’s Fees

The Ninth Circuit holds that an ADA plaintiff who obtains a default judgment and injunction requiring a Fontana Family Dollar to fix accessibility barriers is a “prevailing party” entitled to seek attorney’s fees — even though the injunction only requires what federal law already mandates.

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

Menjivar-Ayala v. Blanche — Ninth Circuit Holds BIA Must Consider Ineffective Assistance Claim Even When Attorney’s Failure Occurred Before a Different Court

The Ninth Circuit holds that the Board of Immigration Appeals has authority — and obligation — to consider ineffective assistance of counsel claims arising from an attorney's post-final-order misconduct before a different tribunal, and that mailing a courtesy copy of a BIA decision to a represented noncitizen does not overcome the presumption of prejudice from counsel's failure to notify them.

4th District Court of Appeal, Civil Procedure, Litigation

Damak v. Superior Court — Trial Courts Must Apply Section 2023.050’s Mandatory $1,000 Sanction for Bad-Faith Discovery Conduct, Regardless of Whether the Moving Party Incurred Expenses

The Fourth District held that trial courts must consider Code of Civil Procedure section 2023.050 — which imposes a mandatory $1,000 sanction for bad-faith document production conduct regardless of the other party's actual expenses — and that a self-represented litigant facing discovery stonewalling by opposing counsel is not left without a remedy.

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

Combs v. Netflix, Inc. — Ninth Circuit Sets Test for When a Sexual Harassment ‘Dispute Arises’ Under the EFAA, Holding Pre-2022 Internal Complaints Triggered the Clock

In a matter of first impression, the Ninth Circuit held that under the EFAA's timing provision, a "dispute arises" when an employee registers internal disagreement with an employer and the employer expressly or constructively opposes it — not when the employee later files a formal complaint — and that "claims accrue" under standard accrual principles; here both happened before March 3, 2022, so the EFAA did not apply and Netflix's arbitration agreement was enforceable.

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

Adelanto Elementary School District v. Krause — Employers Cannot Waive the Right to Seek a Workplace Violence Restraining Order for Employees

The Fourth District holds that an employer's statutory right to seek a workplace violence restraining order on behalf of its employees cannot be signed away in a separation agreement, and strikes as a First Amendment violation a provision barring an elected board member from discussing the restraining order at public meetings.

1st District Court of Appeal, Criminal Law, Litigation

People v. Tyler — Court Warns That ‘Could Be Convicted’ Is the Wrong Standard at a Penal Code Section 1172.6 Resentencing Hearing

The First District publishes this opinion specifically to flag a recurring error: at a section 1172.6 evidentiary hearing, the trial court is an independent fact-finder who must decide whether the petitioner IS guilty beyond a reasonable doubt under current law — not whether a jury 'could' convict them.

Ninth Circuit Court of Appeals, Criminal Law, Litigation

United States v. Shi — Ninth Circuit Vacates Sophisticated-Laundering Enhancement Where Required Guideline Step Was Skipped

The Ninth Circuit vacated a sophisticated-laundering sentencing enhancement because the district court applied the enhancement without first working through the required preceding step in U.S.S.G. § 2S1.1(b)(2), remanding for limited resentencing of three defendants convicted in a large-scale gift-card laundering scheme.

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

Smith v. Superior Court — Court of Appeal Allows 440 Tesla Racial Discrimination Plaintiffs to Proceed in Joint Complaints

The First District grants a writ of mandate requiring Tesla to face five joint complaints from 440 Black factory workers, holding that permissive joinder under CCP § 378 is proper where all plaintiffs allege injury from the same factory-wide pattern of racial discrimination — and that manageability concerns cannot justify ordering mass individual re-filings.

1st District Court of Appeal, Criminal Law, Litigation

People v. Powell — Trial Court Can Correct Presentence Credit Math Errors Without Triggering Full Resentencing

The First District holds that a trial court's mathematical error in calculating presentence custody credits is a clerical error the court can correct at any time — but that correction does not render the judgment nonfinal or entitle the defendant to full resentencing under ameliorative legislation, rejecting a contrary line of cases.

4th District Court of Appeal, Administrative Law, Environmental Law, Litigation

Protect Our Communities Foundation v. City of San Diego — SDG&E Franchise Upheld; CEQA, Prop. 26, and Charter Bidding Challenges Rejected

The Fourth District upholds the City of San Diego's 20-year gas and electric franchise agreements with SDG&E, rejecting challenges under CEQA, Proposition 26, and the City Charter's competitive bidding rules, while striking a supermajority termination clause as inconsistent with the Charter.

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

Betanco v. Living Spaces Furniture — Retail Furniture Delivery Driver Is a Transportation Worker Exempt from the Federal Arbitration Act

A furniture delivery driver who never crosses state lines but delivers goods that arrived in California from out of state is a "transportation worker" exempt from the Federal Arbitration Act, the First District Court of Appeal holds, affirming the driver's right to pursue his Labor Code and PAGA claims in court.

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

Jung v. Acosta — Union Judicial Panel Proceedings Are “Official Proceedings” Protected by California’s Anti-SLAPP Statute

Internal union disciplinary proceedings authorized by the Labor-Management Reporting and Disclosure Act are "official proceedings authorized by law" under California's anti-SLAPP statute, the Second District holds, affirming dismissal of claims arising from participation in those proceedings.

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