2nd District Court of Appeal

2nd District Court of Appeal, Criminal Law

People v. Bustillos — Defendant Who Fled Justice Still Gets SB 567’s Upper-Term Sentencing Protections

automatic / June 11, 2026

Applying the California Supreme Court's recent People v. Mitchell decision, the Second District held that Senate Bill 567's restrictions on imposing upper-term sentences apply retroactively to defendants resentenced after probation revocation — even defendants who absconded for years and whose cases remained non-final only because of their own misconduct.

2nd District Court of Appeal, Estate Planning, Probate and Tax Law, Probate

In re Tung Trust — Court Reverses Ruling That “30-Day Survivor Clause” Blocked Antilapse Protection for Grandchildren

automatic / June 9, 2026

California's Second District holds that a standard 30-day survivorship clause in a revocable trust was not a "contrary intention" sufficient to override the antilapse statute and disinherit a predeceased son's children.

2nd District Court of Appeal, Administrative Law, Healthcare Law, Personal Injury & Tort

Sgaraglino v. County of Ventura — LPS Act Immunizes Hospital From Wrongful Death Suit After Psychiatric Patient’s Post-Discharge Suicide

automatic / June 9, 2026

California's Second District confirms that Welfare and Institutions Code section 5113 grants absolute immunity to psychiatric hospitals for any action taken by a patient after a 5150 hold is released — including the patient's own suicide — with no exception for gross negligence.

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

Harland v. City of West Hollywood — Premature Filing Against a Public Entity Cannot Be Cured by Dismissing and Refiling

automatic / June 2, 2026

California’s Second District Court of Appeal holds that a plaintiff who sues a public entity before the 45-day claims-response period expires cannot cure the defect by voluntarily dismissing and refiling after the claim is denied.

2nd District Court of Appeal, Family Law

In re K.L. — DCFS Not Required to Track Down Unavailable Relatives for ICWA Inquiry

automatic / May 29, 2026

The Second District holds that DCFS satisfied its ICWA initial inquiry duty despite not reaching the maternal grandmother, who was unreachable and whose contact information a relative declined to share.

2nd District Court of Appeal, Civil Procedure, Litigation

Kostandian v. American Honda Motor Co. — Court of Appeal Reverses Denial of Arbitration in Lemon Law Case, Enforces Warranty Booklet Clause

automatic / May 27, 2026

The Second District Court of Appeal reversed denial of arbitration in a lemon law case, holding that the plaintiff failed to dispute the existence of arbitration agreements in both the lease and the manufacturer’s warranty booklet.

2nd District Court of Appeal, Civil Procedure, Litigation

Watson v. Prof. Business Management Corp. — Nonsignatory Cannot Compel Arbitration Based Solely on Boilerplate Agency Allegations

automatic / May 26, 2026

California appellate court holds that a nonsignatory defendant cannot compel arbitration by relying on generic boilerplate agency allegations in an unverified complaint as judicial admissions.

2nd District Court of Appeal, Civil Procedure, Criminal Law, Litigation

In re N.S. — Juvenile Court Cannot Commit Minor to Secure Facility When Most Recent Offense Is Not a Qualifying Crime

automatic / May 26, 2026

California appellate court reverses juvenile's commitment to a Secure Youth Treatment Facility because the minor's most recent offense by date was not a qualifying crime under section 707(b).

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

People v. Cardenas — Defendants Have the Right to Argue Aggravating Sentencing Factors to a Jury

automatic / May 26, 2026

California appellate court rules that defendants must be allowed to argue aggravating sentencing factors to a jury, reversing an upper-term firearm enhancement where the trial court denied closing argument on those factors.

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

Husband v. Target Corporation — Employer Not Charged with Knowledge of Undisclosed Bipolar Disorder Based on Erratic Behavior Alone

automatic / May 21, 2026

Second District holds that an employee's erratic and irrational behavior at work — including statements about killing his stepmother and inanimate objects laughing at him — did not charge employer with knowledge of a mental disability under FEHA, because disability was not the 'only reasonable interpretation' of the behavior.

2nd District Court of Appeal, Civil Procedure, Personal Injury & Tort

Sargenti v. City of Long Beach — Court Affirms Summary Judgment for City in E-Scooter Sidewalk Fall, Limits Sweetwater Doctrine

automatic / May 15, 2026

The Second District affirmed summary judgment for the City of Long Beach in an e-scooter sidewalk injury case, holding that amended interrogatory responses don’t automatically create triable issues and that the Sweetwater rule for anti-SLAPP evidence does not extend to summary judgment.

2nd District Court of Appeal, Insurance Law, Litigation

Nargizyan v. State Farm — Court Revives Homeowner’s Claim Over Pipe Leak, Finding Insurer Misapplied Seepage Exclusion

automatic / May 14, 2026

The Second District reversed summary judgment for State Farm, finding triable issues on whether a pinhole pipe leak met the policy's seepage exclusion and whether the insurer acted in bad faith by reversing its own coverage determination.

2nd District Court of Appeal, Criminal Law

People v. Wilmot — Murder Conviction Vacated After Jury Instruction Wrongly Added ‘Unintentionally’ to Manslaughter Definition

automatic / May 14, 2026

The Second District vacated a murder conviction because the trial court improperly added and underlined 'unintentionally' in the voluntary manslaughter jury instruction, misleading the jury about when heat of passion applies.

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

Apartment Assn. v. City of Los Angeles — Court Upholds LA Eviction Threshold but Strikes Down Relocation-Assistance Mandate

automatic / May 14, 2026

The Second District upheld LA's post-COVID eviction-threshold ordinance as a valid exercise of city police power, but struck down its relocation-assistance mandate as preempted by the Costa-Hawkins Act.

2nd District Court of Appeal, Civil Procedure, Litigation

J.N. v. Goldberg — Sanctions Reversed Where E-Filing System Made It Impossible to Include Hearing Date in Safe Harbor Notice

automatic / May 11, 2026

Second District reverses $19,285 in sanctions because the movant’s notice of motion lacked a hearing date, holding that LA County’s electronic filing system does not excuse noncompliance with section 128.7’s mandatory safe harbor provisions.

2nd District Court of Appeal, Civil Procedure, Labor & Employment Law

Cardenas v. L.A. Unified School District — Appeal of COVID Vaccine Mandate Ruling Forfeited for Failure to Cite Record Evidence

automatic / May 11, 2026

Second District affirms summary judgment for LAUSD in a COVID-19 vaccine mandate challenge after school safety officers forfeited their appeal by failing to cite any record evidence in their opening brief.

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

People v. Tourville — 2nd District Says Trial Court Cannot Condition Mental-Health Treatment on a No-Contest Plea Where Defendant Is Eligible for Diversion

automatic / May 5, 2026

The Second District holds that when a trial court finds a defendant eligible and suitable for mental-health diversion under Penal Code section 1001.36, requiring a no-contest plea as the price of receiving the same treatment via probation directly conflicts with the statute's purpose.

2nd District Court of Appeal, Criminal Law

People v. Mijares — 2nd District Affirms Murder Conviction Where Defendant’s Attack Was a Substantial Factor in Death Despite Victim’s Preexisting Conditions

automatic / May 5, 2026

The Second District affirms a first-degree murder conviction, holding the trial court had no duty to instruct on attempted murder where the defendant's brutal attack was a substantial factor in the victim's death even though the victim had grave preexisting heart and liver disease.

2nd District Court of Appeal, Criminal Law

People v. Berch — 2nd District Holds Felony False Imprisonment by Menace Doesn’t Require Force Greater Than Restraint

automatic / May 4, 2026

The Second District holds that felony false imprisonment based on menace does not require a threat of force greater than necessary to effectuate restraint — a doctrinal clarification that affirms a domestic-violence conviction.

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

People v. Moss — 2nd District Says Section 1172.75 Resentencing Court Can Reimpose Upper Term Without New Jury Findings on Aggravating Facts

automatic / May 4, 2026

When resentencing a defendant under section 1172.75, the trial court may reimpose an upper term using aggravating facts the defendant already stipulated to — no new jury findings required.

2nd District Court of Appeal, Civil Procedure, Criminal Law

People v. Pineda — 2nd District Holds Codefendant’s Perkins-Operation Statements Are Admissible at 1172.6 Hearing as Declarations Against Penal Interest

automatic / May 4, 2026

The Second District holds that hearsay testimony from a preliminary hearing is admissible at a section 1172.6 evidentiary hearing if it qualifies as a declaration against penal interest — affirming denial of a gang-shooting resentencing petition.

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

Vela v. Harbor Rail Services — Court of Appeal Affirms Arbitration of Railcar Repairman’s Wage Claims, Including Class Waiver

automatic / May 1, 2026

California Court of Appeal holds that a railcar repairman doing stationary maintenance work in a Wilmington rail yard is not a 'transportation worker' exempt from the Federal Arbitration Act, so his class action waiver is enforceable.

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.