4th District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort
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July 13, 2026
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
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July 13, 2026
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.
1st District Court of Appeal, Civil Procedure, Litigation
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July 13, 2026
A California Court of Appeal holds that writing “Loss is ongoing” with no dates or date ranges on a government claim form does not substantially comply with Government Code section 910, barring the claimants’ suit against a public agency.
1st District Court of Appeal, Civil Procedure, Litigation
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July 10, 2026
A California appellate court sanctioned an attorney $1,500 for AI-generated fabricated case quotations and held that contractual "attorneys' fees" clauses presumptively include separately billed paralegal time.
3rd District Court of Appeal, Civil Procedure, Criminal Law, Litigation
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July 10, 2026
The Third District reversed a civil asset forfeiture judgment as to one claimant because the jury's special verdict was internally inconsistent: it found he had an ownership interest in the seized cash and that some of it was innocent, yet awarded him nothing.
5th District Court of Appeal, Criminal Law, Litigation
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July 10, 2026
The Fifth District held that driving under the influence causing injury is not a lesser included offense of gross vehicular manslaughter while intoxicated, because the manslaughter statute can be committed in ways that do not require violating the DUI-with-injury statute.
2nd District Court of Appeal, Constitutional Law, Litigation, Real Estate Law
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July 9, 2026
California's Second District Court of Appeal holds that a percentage-of-gross-income rent clause in a public port district's commercial lease is neither a voter-approval tax under Proposition 26 nor an unconstitutional regulation of alcohol sales.
2nd District Court of Appeal, Civil Procedure, Family Law, Litigation
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July 9, 2026
A California Court of Appeal ruling holds that parties who stipulate to bifurcation in a dissolution case must promptly raise any same-judge objection or face Family Code section 271 sanctions — waiting eight months while attending multiple trial setting conferences is not timely.
Ninth Circuit Court of Appeals, Civil Procedure, Immigration, Litigation
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July 9, 2026
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
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July 8, 2026
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
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July 8, 2026
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.
2nd District Court of Appeal, Labor & Employment Law, Litigation
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July 7, 2026
The Second District holds that harassment based on sexual orientation is "sexual harassment" under FEHA, triggering the federal EFAA's bar on mandatory arbitration of the entire case.
4th District Court of Appeal, Constitutional Law, Labor & Employment Law, Litigation
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July 6, 2026
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
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July 6, 2026
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.
California Supreme Court, Civil Procedure, Litigation, Personal Injury & Tort
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July 2, 2026
The California Supreme Court unanimously holds that the federal two-dismissal rule (FRCP 41(a)(1)(B)) bars re-filing only in federal court and does not preclude a subsequent action in California state court, reversing dismissal of school sexual abuse claims.
Ninth Circuit Court of Appeals, Criminal Law, Litigation
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July 2, 2026
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.
4th District Court of Appeal, Constitutional Law, Criminal Law, Litigation
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July 1, 2026
The Fourth District reversed a DUI conviction, holding that a warrantless blood draw from a sedated hospital patient was unconstitutional where the arresting officer faced no competing investigative demands and never considered seeking a warrant.
1st District Court of Appeal, Civil Procedure, Labor & Employment Law, Litigation
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June 30, 2026
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
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June 30, 2026
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.
2nd District Court of Appeal, Civil Procedure, Litigation
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June 29, 2026
A California appellate court ruled that a law firm's failure to disclose the potential conflict of interest in representing hundreds of sexual-abuse victims against the same defendant voided the entire engagement agreement — including its arbitration clause — under the state's professional responsibility rules.
4th District Court of Appeal, Administrative Law, Environmental Law, Litigation
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June 26, 2026
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.
California Supreme Court, Criminal Law, Litigation
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June 25, 2026
The California Supreme Court holds that Penal Code section 2900.5 awards custody credits on a case-by-case basis — consolidating multiple prosecutions at a single sentencing hearing does not entitle a defendant to credit the same period of custody against all cases.
1st District Court of Appeal, Labor & Employment Law, Litigation
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June 25, 2026
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
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June 25, 2026
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.
2nd District Court of Appeal, Family Law, Litigation
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June 25, 2026
A trial court abused its discretion in a domestic violence restraining order case by refusing to consider whether the respondent's humiliating social media posts and calls to the petitioner's mother constituted indirect abuse that "disturbed the peace" under the Domestic Violence Prevention Act.