2nd District Court of Appeal

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

Montecito Country Club v. Root — Recorded golf cart easement is not abandoned by rerouting and can be expanded by prescription to include hedge maintenance

automatic / March 6, 2026

Second District holds that a recorded golf cart easement was not abandoned when the country club rerouted the path and that the easement was prescriptively expanded to include hedge and landscaping maintenance.

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

Las Posas Valley Water Rights Coalition v. Ventura County Waterworks — Comprehensive groundwater adjudication and physical solution affirmed against landowner objections

automatic / March 5, 2026

Second District affirms a comprehensive adjudication of the Las Posas Valley Groundwater Basin, upholding the trial court's physical solution allocating water to overlying landowners and appointing Fox Canyon as watermaster.

2nd District Court of Appeal, Criminal Law

People v. Nelson — Trial court’s denial of mental health diversion is reviewed deferentially; concurring justice criticizes contrary Fourth District opinion

automatic / March 5, 2026

Second District affirms denial of mental health diversion under Penal Code section 1001.36, with a notable concurrence sharply criticizing a recent Fourth District decision that overturned a similar denial.

2nd District Court of Appeal, Criminal Law

People v. Superior Court (Taylor) — Mental health diversion requires evidence the defendant will actually comply with treatment, not just willingness

automatic / March 5, 2026

Second District grants writ vacating mental health diversion in a violent hate-crime case, holding that the trial court must consider evidence of past treatment noncompliance when applying the public safety prong of Penal Code section 1001.36.

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

LAOSD Asbestos Cases (Chapman v. Avon Products) — $51 million asbestos verdict against Avon affirmed; appellant’s failure to recite all evidence forfeits sufficiency challenge

automatic / March 4, 2026

Second District affirms a $51 million asbestos-talc verdict against Avon Products and holds that Avon's appellate brief forfeited its sufficiency-of-the-evidence challenge by failing to fairly summarize the trial evidence.

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

Fix the City v. City of Los Angeles — Mayor Bass’s Local Housing/Homelessness Emergency Declaration Was Authorized by City Code and Not Preempted by State Emergency Services Act

automatic / February 27, 2026

Second District affirms denial of a writ challenge to Los Angeles Mayor Karen Bass's 2023 housing-and-homelessness emergency declaration, holding section 8.33 of the Los Angeles Administrative Code is not preempted by the California Emergency Services Act.

2nd District Court of Appeal, Civil Procedure, Litigation

Woodhouse v. State Bar of California — Vexatious-Litigant Determination Affirmed; Future Pro Per Filings Require Pre-Filing Approval and Security

automatic / February 27, 2026

Second District affirms a trial-court ruling declaring an inactive California attorney a vexatious litigant and barring his future pro per suits absent pre-filing approval and posted security, in light of a long history of dismissed federal cases and frivolous filings.

2nd District Court of Appeal, Business Transactions, Litigation

Jogani v. Jogani — $6.85 Billion Verdict in Brothers’ Real-Estate Partnership Suit Conditionally Affirmed; Lost-Profits Expert Testimony Excluded

automatic / February 24, 2026

Second District conditionally affirms a $6.85 billion verdict in a five-month trial over the Jogani brothers' real-estate partnership, but orders a remittitur because Shashi Jogani's damages expert testified to an undisclosed lost-profits opinion exceeding $1.9 billion.

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

In re Lynex — Racial Justice Act Petitioner Entitled to Counsel on a ‘Plausible Allegation’ Standard, Not a Prima Facie Showing

automatic / February 19, 2026

Second District grants writ of mandate, holding that an indigent petitioner under California's Racial Justice Act must show only a 'plausible allegation' of a violation to obtain counsel — not a prima facie showing of entitlement to relief — and may amend his petition to meet that standard.

2nd District Court of Appeal, Civil Procedure, Collections & Creditor Rights, Litigation

Bagby v. Davis — California Law Governs Collection in California Courts; Surrendered Life Insurance Policy Not Necessarily Exempt

automatic / February 17, 2026

Second District holds California exemption law applies to collection actions in California courts regardless of where the judgment debtor lives, and that funds rolled over from a surrendered life insurance policy into IRAs are not categorically exempt from levy.

2nd District Court of Appeal, Business Transactions, Litigation

Diaz v. Thor Motor Coach — Out-of-State Forum-Selection Clause in RV Warranty Unenforceable Against Song-Beverly Claim Even With Stipulation Preserving California Law

automatic / February 13, 2026

Second District reverses an order staying a Song-Beverly action against Thor Motor Coach, holding the warranty's Indiana forum-selection clause is unenforceable even when accompanied by a stipulation that California law would govern.

2nd District Court of Appeal, Criminal Law

People v. Diaz — Section 1172.6 Resentencing Unavailable for Direct Aider and Abettor of Murder Who Acted With Intent to Kill

automatic / February 11, 2026

Second District affirms denial of section 1172.6 resentencing relief for a defendant convicted of four counts of first-degree murder, holding she remained guilty under current law as a direct aider and abettor with intent to kill — a theory that survived Senate Bill 1437.

2nd District Court of Appeal, Family Law, Litigation

In re Reyna R. — Juvenile Court Must Consider Father’s Ability to Pay Before Requiring Professional Visitation Monitor at His Expense

automatic / February 9, 2026

Second District holds that a juvenile court ordering monitored visitation by a paid professional must first consider the parent's ability to pay and the availability of reasonable alternatives, where the parent has timely raised an inability-to-pay objection.

2nd District Court of Appeal, Family Law

Marriage of Allen — Parents Cannot Contractually Waive Child-Support Arrearages, Even After the Children Reach the Age of Majority

automatic / February 6, 2026

Second District holds that California's prohibition on parental contractual waiver of child-support arrearages applies even after the children have reached the age of majority and there is no current support order in place.

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

People v. Heaps — UCLA Gynecologist’s Convictions Reversed Where Trial Court’s Ex Parte Communications With Jury Deprived Defendant of Counsel

automatic / February 2, 2026

Second District reverses convictions of former UCLA gynecologic oncologist James Heaps, holding the trial court's ex parte communications with the jury through a judicial assistant — without notifying counsel — deprived defendant of counsel at a critical stage and the prosecution failed to prove the error was harmless.

2nd District Court of Appeal, Litigation, Tax (non-estate)

Disney Platform Distribution v. City of Santa Barbara — Streaming Services Are Subject to Santa Barbara’s Video Users’ Tax

automatic / January 30, 2026

Second District (on rehearing) holds Santa Barbara's modernized video users' tax applies to internet video streaming services like Hulu, Disney+, and ESPN+, and rejects challenges under the federal Internet Tax Freedom Act, the First Amendment, and California Constitution Article XIII C.

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

Matthews v. Ryan — Section 998 Settlement Offer Conditioned on Insurer Consent Was Valid; Trial Court Must Reconsider Prejudgment Interest

automatic / January 28, 2026

Second District holds a personal-injury plaintiff's pretrial settlement offer conditioned on the defendant's insurer's consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated or not.

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

Conservatorship of B.K. — Trial Court Adequately Honored LPS Conservatee’s Jury-Trial Rights Where She Personally Withdrew the Demand After Counsel Consultation

automatic / January 28, 2026

Second District affirms a one-year LPS conservatorship renewal, holding the trial court adequately honored the conservatee's jury-trial rights where she demanded a jury trial, was given time to consult counsel, and then personally withdrew her demand and confirmed her choice on the record.

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

Trustees of CSU v. Public Employment Relations Board — CSU Must Bargain Over Effects of Student Vaccination Policy on Faculty, but Not Yet Found in Violation

automatic / January 26, 2026

Second District holds the California State University has a duty under HEERA to bargain over reasonably foreseeable effects of its 2023 student-vaccine policy on faculty health, but vacates PERB's violation finding because there was no substantial evidence CSU had implemented the policy or definitively refused to bargain when the unfair-practice charge was filed.

2nd District Court of Appeal, Criminal Law

People v. Grandberry — Senate Bill 81’s Section 1385 Amendments Do Not Apply to Three-Strikes Prior-Strike Convictions

automatic / January 22, 2026

Second District affirms a 25-years-to-life sentence after a section 1172.75 resentencing, holding that Senate Bill 81's amendments to Penal Code section 1385(c) do not apply to dismissal of prior strike convictions under the Three Strikes Law.

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

Yeh v. Barrington Pacific — ICRAA’s $10,000 Statutory Damages Provide Standing Without Actual Injury, but UCL Standing Still Requires Concrete Loss

automatic / January 21, 2026

Second District holds that California's Investigative Consumer Reporting Agencies Act gives applicants standing to sue for $10,000 in statutory damages without proving actual harm, but Unfair Competition Law claims still require a concrete economic injury.

2nd District Court of Appeal, Family Law, Litigation

R.R. v. C.R. — Trial Court Erred by Applying Wrong Abuse Standard in Denying Domestic Violence Restraining Order Against Stalking Ex-Spouse

automatic / January 20, 2026

Second District reverses denial of a domestic violence restraining order, holding the trial court applied the wrong legal standard in evaluating whether the petitioner's ex-wife's conduct — repeated stalking, threats, and unwanted entries — constituted abuse under the Domestic Violence Prevention Act.

2nd District Court of Appeal, Business Transactions, Litigation

Barrios v. Chraghchian — Defeating an Early Bond Motion in a Derivative Suit Does Not Insulate the Plaintiff From Costs After Loss on the Merits

automatic / January 20, 2026

Second District holds that a plaintiff who defeats an early bond motion under Corporations Code section 17709.02 is still subject to the ordinary cost-shifting rules if he ultimately loses the derivative suit on the merits.

2nd District Court of Appeal, Family Law, Litigation

In re Bella L. — DCFS’s Inquiry of Parents and Seven Paternal Relatives Was Substantively Adequate Under ICWA Even Without Asking the Paternal Grandfather

automatic / January 20, 2026

Second District applies In re Dezi C.'s substantial-evidence review and holds that DCFS's failure to interview the paternal grandfather did not undermine an ICWA inquiry that included both parents and seven other paternal relatives.

2nd District Court of Appeal, Business Transactions, Litigation

Towns v. Hyundai Motor America — Only the Buyer Has Song-Beverly Standing, but Insurance Payouts Don’t Reduce Restitution

automatic / January 16, 2026

Second District holds that under California's Song-Beverly Consumer Warranty Act, only the actual buyer has standing to sue for restitution, but a manufacturer cannot reduce its restitution by the amount of a third-party insurance payout the buyer received after the car was wrecked.