Litigation

3rd District Court of Appeal, Civil Procedure, Litigation

Viani v. Fair Oaks Estates, Inc. — Third Appeal Dismissed; Costs Judgment After Voluntary Dismissal Is Not an Appealable Final Judgment

automatic / January 28, 2026

Third District dismisses plaintiffs' third appeal in an assisted-living negligence case, holding a postjudgment costs order entered after a voluntary dismissal without prejudice does not provide a back-door route to appellate review of an underlying summary-adjudication ruling.

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

Vallejo City Unified School District v. Superior Court — School District Statutorily Immune for Off-Campus Student Suicide, but Not for On-Campus Pre-Death Harm

automatic / January 27, 2026

First District grants writ relief in part, holding the school district is immune under Education Code section 44808 for the death damages tied to a student's off-campus suicide during winter break, but allowing the parents' survival claim for on-campus harm to proceed.

Appellate Division (Superior Court), Labor & Employment Law, Litigation, Real Estate Law

De Paolo v. Rosales — Tenant Protection Act’s Just-Cause Provisions Do Not Apply When Resident Manager’s Tenancy Ends With Termination of Employment

automatic / January 27, 2026

Los Angeles Appellate Division affirms an unlawful-detainer judgment against a resident manager whose tenancy was tied to her employment, holding the Tenant Protection Act's 60-day notice and just-cause requirements do not apply where housing was provided as employment compensation under a written agreement.

4th District Court of Appeal, Criminal Law, Litigation

Siam v. Superior Court — Trial Court Erred in Denying Mental-Health Diversion by Overriding Sole Expert and Relying on Unsupported Findings

automatic / January 26, 2026

Fourth District grants writ relief, holding that an Orange County trial court applied the wrong legal standard and relied on findings unsupported by substantial evidence when denying mental-health pretrial diversion to a defendant diagnosed with paranoid schizophrenia.

4th District Court of Appeal, Administrative Law, Litigation

Mustaqeem v. City of San Diego — State Sidewalk-Vendor Law Preempts Some San Diego Vending Ordinances; Preliminary Injunction Reversed

automatic / January 22, 2026

Fourth District reverses denial of a preliminary injunction by a licensed sidewalk vendor against the City of San Diego, holding that at least two of the City's vending ordinances — covering impoundment of merchandise and operating-hour restrictions — directly conflict with state sidewalk-vendor protections.

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

Yeh v. Barrington Pacific — ICRAA’s $10,000 Statutory Damages Provide Standing Without Actual Injury, but UCL Standing Still Requires Concrete Loss

automatic / January 21, 2026

Second District holds that California's Investigative Consumer Reporting Agencies Act gives applicants standing to sue for $10,000 in statutory damages without proving actual harm, but Unfair Competition Law claims still require a concrete economic injury.

2nd District Court of Appeal, Family Law, Litigation

R.R. v. C.R. — Trial Court Erred by Applying Wrong Abuse Standard in Denying Domestic Violence Restraining Order Against Stalking Ex-Spouse

automatic / January 20, 2026

Second District reverses denial of a domestic violence restraining order, holding the trial court applied the wrong legal standard in evaluating whether the petitioner's ex-wife's conduct — repeated stalking, threats, and unwanted entries — constituted abuse under the Domestic Violence Prevention Act.

2nd District Court of Appeal, Business Transactions, Litigation

Barrios v. Chraghchian — Defeating an Early Bond Motion in a Derivative Suit Does Not Insulate the Plaintiff From Costs After Loss on the Merits

automatic / January 20, 2026

Second District holds that a plaintiff who defeats an early bond motion under Corporations Code section 17709.02 is still subject to the ordinary cost-shifting rules if he ultimately loses the derivative suit on the merits.

2nd District Court of Appeal, Family Law, Litigation

In re Bella L. — DCFS’s Inquiry of Parents and Seven Paternal Relatives Was Substantively Adequate Under ICWA Even Without Asking the Paternal Grandfather

automatic / January 20, 2026

Second District applies In re Dezi C.'s substantial-evidence review and holds that DCFS's failure to interview the paternal grandfather did not undermine an ICWA inquiry that included both parents and seven other paternal relatives.

4th District Court of Appeal, Civil Procedure, Litigation

N.D. v. Superior Court — $25,000 Sanctions for Lawyer Who Filed Frivolous Writ Petition Accusing Trial Judge of Misconduct Without Evidence

automatic / January 20, 2026

Fourth District imposes $25,000 in sanctions on attorney T. Matthew Phillips for filing a frivolous writ petition that accused the trial judge of retaliation, discrimination, and acting in concert with opposing counsel — none of which was supported by evidence in the record.

2nd District Court of Appeal, Business Transactions, Litigation

Towns v. Hyundai Motor America — Only the Buyer Has Song-Beverly Standing, but Insurance Payouts Don’t Reduce Restitution

automatic / January 16, 2026

Second District holds that under California's Song-Beverly Consumer Warranty Act, only the actual buyer has standing to sue for restitution, but a manufacturer cannot reduce its restitution by the amount of a third-party insurance payout the buyer received after the car was wrecked.

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

Hu v. XPO Logistics, LLC — Freight Broker Owes No Duty of Care to Carrier’s Employee Injured in Truck Crash

automatic / January 16, 2026

Second District affirms summary judgment for freight broker XPO Logistics in a personal-injury suit by an injured trucker employed by the carrier XPO had hired, holding the broker did not actually exercise control over the transportation and thus owed no duty of care to the carrier's employee.

3rd District Court of Appeal, Civil Procedure, Litigation

Randolph v. Trustees of California State University — Failure to Object to a Trial Date Past the Five-Year Deadline Is Not an Oral Stipulation to Extend

automatic / January 16, 2026

Third District affirms mandatory dismissal under Code of Civil Procedure section 583.310, holding that a defendant's failure to object when a trial date is set beyond the five-year (plus emergency-rule six-month) deadline does not amount to an oral stipulation to extend the deadline.

1st District Court of Appeal, Administrative Law, Litigation

Berkeley People’s Alliance v. City of Berkeley — Brown Act Violation Adequately Alleged Where Council Moved Disrupted Meetings to Smaller Room Instead of Clearing the Original

automatic / January 15, 2026

First District reverses dismissal of a Brown Act suit, holding that plaintiffs adequately alleged the Berkeley City Council violated Government Code section 54957.9 by recessing disrupted meetings and reconvening them in a smaller room instead of clearing the original room and continuing in session there.

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

Carroll v. City and County of San Francisco — Disability-Pension ‘Formula 2’ Does Not Discriminate Against Late-Hire Employees Under FEHA

automatic / January 14, 2026

First District affirms judgment for the City and County of San Francisco in a FEHA age-discrimination challenge to the City's two-formula disability-retirement scheme, finding the City's pension structure did not violate FEHA.

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

Microsoft Corp. v. Superior Court — Nondisclosure Order Barring Notice to USC Survives CalECPA and First Amendment Challenge

automatic / January 14, 2026

Second District denies Microsoft's writ petition challenging a court-issued nondisclosure order that barred Microsoft from notifying its enterprise customer, USC, that the LAPD had served a search warrant on a USC graduate student's email account.

3rd District Court of Appeal, Environmental Law, Litigation

City of Vallejo v. City of American Canyon — Industrial Project EIR’s Water-Supply Analysis Survives CEQA Challenge

automatic / January 14, 2026

Third District affirms denial of Vallejo's CEQA writ challenge to American Canyon's certification of an EIR for a 2.6-million-square-foot warehouse complex, holding the EIR's water-supply analysis adequately addressed reasonably foreseeable demand under CEQA and the Water Code.

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

The Merchant of Tennis, Inc. v. Superior Court — Curative Notice to Class Members Who Revoke Settlements Must Reflect California Rescission Statutes

automatic / January 14, 2026

Fourth District grants writ relief, holding that a curative class-action notice informing putative class members they may revoke individual settlement agreements must also tell them California rescission statutes require return of the settlement payment.

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

Tuufuli v. West Coast Dental Administrative Services — Federal Arbitration Act Governs When the Parties Said It Does

automatic / January 13, 2026

Second District affirms an order compelling arbitration of an employee's individual wage claims and dismissing her class claims, holding the parties' arbitration agreement is governed by the Federal Arbitration Act because they expressly said so.

1st District Court of Appeal, Criminal Law, Litigation

People v. Cagle — Court Affirms Mentally Disordered Offender Recommitment Despite No Actuarial Risk Tool

automatic / January 8, 2026

First District affirms a one-year extension of a mentally disordered offender's commitment at Coalinga State Hospital, holding the patient forfeited his due-process and equal-protection challenges to the lack of an actuarial risk-assessment tool, and that any instructional error was harmless.

2nd District Court of Appeal, Business Transactions, Litigation

Chong v. Mardirossian Akaragian LLP — Client’s Ratification of Unauthorized Settlement Triggers Full Contingency Fee

automatic / January 8, 2026

Second District holds that a personal-injury client who ratifies an unauthorized settlement after firing his lawyer must pay the agreed contingency fee, not just quantum meruit, because his ratification was truly voluntary.

4th District Court of Appeal, Civil Procedure, Litigation

Barbanell v. Lodge — Petitioner Who Wins a Court Order Appointing a New Arbitrator Is a ‘Prevailing Party’ Entitled to Fees

automatic / January 8, 2026

Fourth District holds that a party who wins a discrete court petition to appoint a new arbitrator is the prevailing party in that proceeding and is entitled to attorney fees under the underlying contract, even though the parties' substantive disputes remained pending in arbitration and a parallel lawsuit.

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

Spilman v. The Salvation Army — Trial Court Used Wrong Test to Decide Whether Rehab Program Participants Were Volunteers or Employees

automatic / January 6, 2026

First District reverses summary judgment for the Salvation Army in a wage suit by adult-rehabilitation 'work therapy' participants, holding that the trial court applied the wrong legal standard for distinguishing a volunteer from an employee under California wage law.

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

Sierra Pacific Industries Wage and Hour Cases — Defendant Waived Right to Compel Arbitration by Litigating for Years and Hiding Agreements

automatic / January 6, 2026

Third District affirms denial of Sierra Pacific's motion to compel arbitration in coordinated wage-and-hour class actions, finding the company waived arbitration rights by litigating for years and refusing to produce signed arbitration agreements until after class certification.

3rd District Court of Appeal, Litigation, Real Estate Law

Ruffier v. Volcano Hills Road Maintenance Association — HOA Board Could Not Quintuple Annual Assessment Without Required Member Vote

automatic / January 6, 2026

Third District holds a small road-maintenance HOA's board exceeded its authority when it raised parcel assessments fivefold without obtaining the majority-of-a-quorum member vote required by the Davis-Stirling Act and the association's governing documents.