California Case Summaries

Personal Injury & Tort

Secondary practice area

1st District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Mary D. v. McCauley — Incarcerated Civil Defendant Entitled to Meaningful Trial Access

The Court of Appeal reversed for a new trial. Once McCauley met the threshold showing governing incarcerated civil litigants, the trial court had to meaningfully consider practical measures that would permit access to court; denying additional time to secure counsel under these circumstances was an abuse of discretion and violated constitutional access rights.

1st District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Wilkins v. Cruise, LLC — Autonomous Vehicle Company’s Sign-In Wrap Agreement Enforces Arbitration Clause Against Injured Rider

California's First District Court of Appeal reversed a trial court that had refused to compel arbitration, holding that Cruise's mobile app sign-in screen gave an injured employee-rider sufficiently conspicuous notice of the arbitration clause in its Terms of Service, and that GM's related corporate entities were not "third parties" under the CCP §1281.2(c) exception.

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.

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