California Case Summaries

2nd District Court of Appeal

2nd District Court of Appeal, Administrative Law, Criminal Law

Garner v. California Victim Compensation Board — Vacatur Under Section 1172.6 Resentencing Statute Does Not Establish “Erroneous Conviction” Required for Compensation Under Section 4900

automatic / April 29, 2026

Second District holds that vacatur of a murder conviction under Penal Code section 1172.6 does not establish an "erroneous conviction" entitling the former defendant to compensation under section 4900, because Senate Bill 1437's narrowing of murder liability was a legislative act of lenity, not a determination that prior convictions were wrong.

2nd District Court of Appeal, Environmental Law, Litigation

The Chemical Toxin Working Group v. Kroger — Proposition 65 Pre-Suit Notice Substantially Complies When Outside Counsel Contact Is Provided

automatic / April 29, 2026

Second District reverses judgment on the pleadings in Proposition 65 enforcement action against Kroger and other grocery companies, holding that providing outside counsel contact information in the 60-day notice substantially complies with California Code of Regulations title 27, section 25903.

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

Chang v. Southern California Permanente Medical Group — Going and Coming Rule Bars Vicarious Liability for Employee’s Commute Even Where Employee Sometimes Worked from Home

automatic / April 28, 2026

Second District affirms summary judgment for medical group under the going and coming rule in case where employee struck a bicyclist while turning into a parking lot during her morning commute, holding that the employee's permission to work from home on certain days did not convert her home into a second worksite for purposes of the day in question.

2nd District Court of Appeal, Civil Procedure, Litigation

Detrick v. Shimada — Declaration in English From Witness Who Cannot Read English Is Not Competent Evidence Without Interpreter Attestation

automatic / April 28, 2026

Second District reverses summary judgment for malicious prosecution defendant, holding that an English-language declaration purportedly reflecting the words of a witness who could not read or speak English is not competent evidence without attestation from a qualified interpreter or translator.

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

Stoker v. Blue Origin — Blue Origin Arbitration Agreement Substantively and Procedurally Unconscionable; Severance Not Appropriate

automatic / April 24, 2026

Second District affirms denial of Blue Origin's motion to compel arbitration of former employee's FEHA sexual harassment and other claims, holding that the arbitration agreement is both substantively and procedurally unconscionable due to lack of mutuality and one-sided carve-outs, and that severance is not appropriate.

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

Jessica M. v. CDCR — Penal Code Section 3051 Youth Offender Parole Hearings Constitutional as Applied to Forcible Sex Offenders Sentenced Under Section 667.6

automatic / April 23, 2026

Second District holds that Penal Code section 3051 youth offender parole hearings are constitutional as applied to forcible sex offenders sentenced under section 667.6's full consecutive sentence scheme, finding that section 3051 did not improperly amend Proposition 83 (Jessica's Law).

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

Santana v. Studebaker Health Care Center — Multiple Arbitration Documents With Minor Ambiguities Form Enforceable Agreement

automatic / April 22, 2026

Second District reverses denial of motion to compel arbitration in nursing facility wage and hour class action, holding that three arbitration-related onboarding documents must be construed together and form an enforceable agreement despite minor ambiguities and the typical procedural unconscionability of an adhesion contract.

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

People v. Hardy — California’s Assault Weapon, Silencer, and Large-Capacity Magazine Bans Survive Second Amendment Facial Challenge After Bruen

automatic / April 22, 2026

Second District rejects facial Second Amendment challenges to California's prohibitions on assault weapons, short-barreled shotguns, silencers, and large-capacity magazines, holding that these regulations survive scrutiny under Heller, Bruen, and the common use test.

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

Aerni v. RR San Dimas, L.P. — Civil Code Section 1940.1 Does Not Require Individualized Proof of “Primary Residence” for Class Certification

automatic / April 16, 2026

Second District reverses denial of class certification in 28-day shuffle case under Civil Code section 1940.1, holding that whether a hotel qualifies as a residential hotel turns on building-wide use patterns rather than individualized proof of each class member's primary residence.

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

L.A. County Professional Peace Officers Assn. v. County of L.A. — Union Did Not Clearly and Unmistakably Waive Right to Bargain Over Outsourcing Decision

automatic / April 10, 2026

Second District holds that a public employee union did not clearly and unmistakably waive its right to bargain over an outsourcing decision through an MOU clause referring to "reorganization," reversing dismissal of an unfair practice charge against Los Angeles County.

2nd District Court of Appeal, Criminal Law, Litigation

People v. Player — Jury’s Not-True Firearm Findings Do Not Collaterally Estop Resentencing Court from Finding Defendant Was Actual Killer

automatic / April 7, 2026

Second District holds that a jury's not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining People v. Hart.

2nd District Court of Appeal, Criminal Law, Litigation

In re Melson — Murder Conviction Vacated for Napue Error and Ineffective Assistance Where Prosecutor Failed to Correct False Eyewitness Testimony

automatic / April 2, 2026

Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses' actual statements, applying the Supreme Court's recent Glossip v. Oklahoma decision.

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

Aerni v. RR San Dimas — Civil Code section 1940.1 ‘residential hotel’ showing does not require individualized proof that each plaintiff used the hotel as primary residence

automatic / March 25, 2026

Second District reverses denial of class certification in a Red Roof Inn 28-day shuffle case, holding that Civil Code section 1940.1 does not require each class member to prove individualized use of the hotel as their primary residence.

2nd District Court of Appeal, Civil Procedure, Litigation

Clapkin v. Levin — Anti-SLAPP motion fails where claims arise from underlying business dispute, not protected litigation activity; orders denying related fee motions are not appealable

automatic / March 16, 2026

Second District affirms denial of an anti-SLAPP motion in a family corporation dispute and reaffirms that orders denying related attorney fee motions are not separately appealable, deepening a split with other appellate divisions.

2nd District Court of Appeal, Healthcare Law, Litigation

Pomona Valley Hospital v. Kaiser Foundation Health Plan — Expired contract rates are admissible in quantum meruit dispute over emergency room reimbursement; prejudgment interest capped at 7 percent

automatic / March 12, 2026

Second District holds that a hospital's expired 2004 contract with Kaiser was admissible in a quantum meruit dispute over emergency reimbursement and that prejudgment interest in such actions is 7 percent, not 10 percent.

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