California Case Summaries

1st District Court of Appeal

1st District Court of Appeal, Business Transactions, Civil Procedure, Litigation

Bogguess v. Uber Technologies, Inc. — Court affirms denial of arbitration because deceptive-pricing injunction is public relief and ambiguous severance language is construed against Uber

The Court of Appeal affirmed the denial of Uber's motion to compel arbitration, holding that the requested injunction against allegedly deceptive pricing is public injunctive relief and that ambiguous severance language must be construed against Uber under California contract law without FAA preemption.

1st District Court of Appeal, Criminal Law

People v. Savoy — Gun-enhancement racial impact must meet the Racial Justice Act’s two-part disparity test to earn great weight at resentencing

The Court of Appeal affirmed a 77-years-to-life resentence, holding that the mitigating circumstance in Penal Code section 1385(c)(2)(A) requires the same showing needed to prove a disparate-sentencing violation under the Racial Justice Act, and that statewide statistics without individual comparators did not meet it.

1st District Court of Appeal, Civil Procedure, Litigation

Alameda County Taxpayers’ Assn. v. City of Oakland — Electronic Service Adds Two Court Days to 30-Day Fee Motion Deadline in Validation Action, and Fee and Cost Awards Are Affirmed

The First District, Division Four, affirmed a $27,625 section 1021.5 fee award to a real party in interest and cost awards in a Measure Y validation action, holding in the published part that electronic service of notice of entry of judgment adds two court days to the 30-day fee motion deadline.

1st District Court of Appeal, Civil Procedure, Family Law, Litigation

In re Marriage of A.O. and Vologodskaya — Attorney Fee Request Under Family Code Section 6344 Filed 14 Months After Stipulated Restraining Order Was Untimely

The Court of Appeal reversed a $39,000 attorney fee award under Family Code section 6344 because the fee motion was filed 14 months after a stipulated domestic violence restraining order, well beyond the deadline in California Rules of Court, rule 3.1702.

1st District Court of Appeal, Criminal Law

People v. Landaeta — First Degree Murder Verdict Made Omitted Provocation Instructions Harmless

The court affirmed. The jury was instructed that first degree murder required a deliberate decision to kill—careful weighing of considerations and a knowing choice—not a rash, impulsive decision made without careful thought. By returning that verdict, the jury necessarily rejected the state of mind that would support heat of passion: intense emotion obscuring reason and causing action without due deliberation and reflection.

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

K.S. v. County of Alameda — Foster-Care Negligence Claims Not Barred by Discretionary Immunity on the Pleadings

The First District reversed. Section 820.2 protects a public employee’s qualifying discretionary policy decisions, but it does not confer blanket immunity on every act connected to a program that involves judgment. Immunity requires a considered exercise of discretion at the policy level. Routine implementation, investigation, supervision, and response duties may include ministerial conduct outside that protection.

Scroll to Top