1st District Court of Appeal

1st District Court of Appeal, Administrative Law, Litigation

Cleare v. Superior Court — School District Cannot Claim Impossibility Defense to Teacher Credentialing Requirements Without Exhausting State Waiver Process

automatic / April 17, 2026

First District holds that the West Contra Costa Unified School District failed to establish the impossibility defense to teacher credentialing requirements because it did not show it had exhausted available waiver processes before the Commission on Teacher Credentialing and the State Board of Education.

1st District Court of Appeal, Criminal Law, Litigation

People v. C.F. — Trial Counsel’s Failure to Request Free Court Reporter Constitutes Ineffective Assistance in Antipsychotic Medication Hearing

automatic / April 17, 2026

First District holds that trial counsel's failure to request a free court reporter for an antipsychotic medication renewal hearing constituted ineffective assistance of counsel and reverses the order authorizing involuntary medication, remanding for a new hearing.

1st District Court of Appeal, Criminal Law, Litigation

In re Sebastian C. — Family Home with Community-Based Programming May Qualify as Less Restrictive Program Under Welfare and Institutions Code Section 875

automatic / April 15, 2026

First District holds that placement in a family member's home with community-based programming and supervision can qualify as a "less restrictive program" under Welfare and Institutions Code section 875(f), even though the appeal was dismissed as moot after the youth was placed with his mother.

1st District Court of Appeal, Civil Procedure, Litigation

Zand v. Sukumar — Court of Appeal Sanctions Frivolous Appeal Attacking Anti-SLAPP Fee Award Already Affirmed in Prior Appeal

automatic / April 14, 2026

First District affirms a $41,580 attorney's fee award and imposes sanctions for a frivolous appeal where a self-represented litigant attempted to use a second appeal to attack the underlying anti-SLAPP ruling already affirmed in a prior appeal.

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

Cordero v. Ghilotti Construction — Privette Doctrine Bars Subcontractor Worker’s Claim Against Turnkey Contractor for Slip-and-Fall Despite Cal-OSHA Regulation

automatic / April 10, 2026

First District affirms summary judgment for turnkey contractor under the Privette doctrine in suit by injured rebar subcontractor employee, holding that morning site preparation including dewatering does not constitute affirmative contribution under Hooker and that Cal-OSHA regulations are generally delegable through subcontracts.

1st District Court of Appeal, Banking & Finance, Litigation

Y.P. v. Wells Fargo — Bank Employee’s Assurance That Fraudulent Check Had Cleared States Negligent Misrepresentation Claim

automatic / April 9, 2026

First District holds that a Wells Fargo employee's assurance that a fraudulent check had cleared states a cause of action for negligent misrepresentation, while affirming dismissal of breach of contract and other claims based on the deposit account agreement's express disclaimers.

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

Pagan v. City of San Rafael — Open and Obvious Roadway Conditions Defeat Dangerous Condition Claim

automatic / April 1, 2026

First District affirms summary judgment for City of San Rafael in dangerous condition case where teenage driver hydroplaned on wet curve, holding the conditions were open and obvious as a matter of law and that plaintiff could not defeat summary judgment by raising new pavement-defect theories outside the pleadings.

1st District Court of Appeal, Criminal Law

People v. Newt — ‘Receiving’ large-capacity magazine under Penal Code section 32310(a) requires more than mere possession; felony conviction reversed

automatic / March 30, 2026

First District holds that the term 'receives' in Penal Code section 32310(a) requires more than mere possession of a large-capacity magazine, and reverses a felony conviction supported only by evidence that the defendant possessed the magazine in his car.

1st District Court of Appeal, Criminal Law

People v. Nielsen — Defense forfeited section 1170(b)(6) low term presumption claim by failing to raise childhood trauma argument at sentencing; dissent disagrees

automatic / March 30, 2026

First District holds, with one justice dissenting, that a defendant forfeited his Penal Code section 1170(b)(6) low term presumption claim by failing to raise it at sentencing despite submitting evidence of childhood trauma.

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

Sobalvarro v. Vibra Health Care — Hospital can be negligent for not offering paralyzed patient choice of female nursing assistant; expert testimony not required for causation

automatic / March 27, 2026

First District reverses JNOV and reinstates a $1 million negligence verdict against Kentfield Hospital for failing to offer a paralyzed stroke patient the choice of a female nursing assistant for intimate care.

1st District Court of Appeal, Criminal Law, Family Law

In re J.H. — Juvenile court may consider victim impact statement at six-month baseline review hearing if limited to rehabilitation-relevant material

automatic / March 27, 2026

First District holds that a juvenile court may consider a victim impact statement at a six-month baseline review hearing if it limits its consideration to material relevant to the juvenile's rehabilitation.

1st District Court of Appeal, Administrative Law, Constitutional Law

Independent Office of Law Enforcement Review v. Sonoma County Sheriff — County sheriff oversight entities have subpoena power for whistleblower investigations under Government Code section 25303.7

automatic / March 26, 2026

First District holds that Sonoma County's IOLERO has subpoena authority under Government Code section 25303.7 to investigate whistleblower complaints against the Sheriff and orders enforcement of subpoenas issued to deputies.

1st District Court of Appeal, Environmental Law, Litigation

Bair v. California Department of Transportation — Discharge of CEQA writ ends Richardson Grove highway dispute under res judicata

automatic / March 26, 2026

First District holds that the discharge of an earlier CEQA writ necessarily decided the adequacy of Caltrans's revised analysis of impacts on Richardson Grove redwoods, barring petitioners from relitigating those impacts in a third writ proceeding.

1st District Court of Appeal, Litigation, Real Estate Law

Guinnane Construction v. Chess — Tort of another doctrine does not allow recovery of attorney fees incurred in the tort action itself

automatic / March 26, 2026

First District holds that a plaintiff who recovers attorney fees from a tortfeasor under the tort of another doctrine cannot also recover the fees incurred in prosecuting the tort of another action itself.

1st District Court of Appeal, Administrative Law, Litigation

Cleare v. Superior Court (West Contra Costa Unified School District) — School district must exhaust statutory teacher hiring procedures before invoking impossibility defense

automatic / March 25, 2026

First District grants writ requiring West Contra Costa Unified School District to comply with statutory teacher hiring procedures before invoking impossibility to defend its use of rolling and unauthorized substitutes.

1st District Court of Appeal, Administrative Law, Criminal Law

Chi v. Department of Motor Vehicles — Post-California DUI Lawyers DMV hearing structure satisfies due process; ordinary judicial questioning is not advocacy

automatic / March 24, 2026

First District holds that the DMV's revised hearing structure satisfies due process and rejects the broader 'appearance of bias' approach used in Romane v. DMV (now before the California Supreme Court).

1st District Court of Appeal, Family Law, Litigation

Sheerer v. Panas — Self-represented litigants face the same duty to verify AI-generated citations as attorneys; child support order reversed for failing to include bonus and RSU income

automatic / March 19, 2026

First District extends its warning about AI-generated fake citations to self-represented litigants and reverses a child support order for failing to include the obligor's bonus and restricted stock unit income.

1st District Court of Appeal, Family Law

Marriage of Jenkins — Default judgment vacated where dissolution petition listed assets only as ‘to be determined’; Code of Civil Procedure section 580 limits relief in default to what was actually pleaded

automatic / March 18, 2026

First District holds that a default dissolution judgment must be vacated under Code of Civil Procedure section 580 when the petition listed assets only as 'to be determined' and the responding spouse lacked notice of the actual property division being sought.

1st District Court of Appeal, Criminal Law

People v. Dunn — No sua sponte circumstantial evidence instruction required where direct evidence supported felon-in-possession charges

automatic / March 16, 2026

First District holds that a trial court had no sua sponte duty to give a circumstantial evidence instruction in a felon-in-possession case where direct evidence linked the defendant to the cabin containing the guns and ammunition.

1st District Court of Appeal, Criminal Law, Family Law

In re O.F. — Juvenile transfer order to adult court reversed for failure to apply heightened standards under AB 2361 and SB 545

automatic / March 13, 2026

First District reverses a juvenile court order transferring a 16-year-old murder defendant to adult court because the court did not apply the heightened amenability standards required by AB 2361 and SB 545.

1st District Court of Appeal, Administrative Law, Environmental Law

Center for Biological Diversity v. Public Utilities Commission — On remand from Supreme Court, Court of Appeal again upholds Net Energy Metering 3.0 successor tariff under Yamaha standard

automatic / March 9, 2026

On remand from the California Supreme Court, the First District again upholds the Public Utilities Commission's NEM 3.0 successor tariff for rooftop solar exports, applying the Yamaha standard of deference.

1st District Court of Appeal, Constitutional Law, Election Law

Alameda County Taxpayers’ Association v. City of Oakland — Oakland Zoo parcel tax initiative survives challenge after severing references to private operator

automatic / March 9, 2026

First District holds that an Oakland voter initiative funding the Oakland Zoo violated the California Constitution by naming a private operator, but the offending references can be severed and the measure passed with the required simple majority.

1st District Court of Appeal, Administrative Law, Litigation

Doe v. Regents of the University of California — UC Berkeley’s expulsion of student for sexual misconduct affirmed despite no Stage Four cross-examination

automatic / March 6, 2026

First District affirms UC Berkeley's expulsion of a student in a non-Title IX sexual misconduct case, holding that any limit on direct cross-examination at the campus hearing was harmless given the prior criminal preliminary hearing.

1st District Court of Appeal, Family Law

In re L.G. — Juvenile court must show reasonable efforts to prevent removal of a child from a mentally ill parent’s care

automatic / March 6, 2026

First District affirms juvenile court jurisdiction but reverses removal of an infant from a mother with serious mental illness because the agency did not show reasonable efforts to prevent removal.

1st District Court of Appeal, Criminal Law

People v. Uceda — Murder conviction affirmed but drive-by shooting conviction reversed for failure to instruct on lesser included offense

automatic / March 5, 2026

First District affirms a murder conviction but reverses a drive-by shooting conviction because the trial court failed to instruct the jury on grossly negligent discharge of a firearm as a lesser included offense.