California Case Summaries

4th District Court of Appeal

4th District Court of Appeal, Family Law, Litigation

Timothy S. v. Sarah H. — Grandparent visitation petition is not a Uniform Parentage Act proceeding, so no fee award under Family Code section 7605

The Court of Appeal affirmed the denial of a mother's request for attorney's fees against a grandfather seeking visitation, holding that Family Code section 7605 applies only to Uniform Parentage Act proceedings and that juvenile dependency exit orders are not UPA judgments.

4th District Court of Appeal, Administrative Law, Labor & Employment Law

Trona Teachers Association v. Trona Joint Unified School District — Former Teachers Entitled to Retroactive Contract Pay

The Fourth District reversed and directed issuance of a writ requiring payment. Nothing in the collective bargaining agreement limited the retroactive increases or stipends to employees who remained on staff when the board approved the deal. The benefits were tied to service during the covered school year, and the former teachers had performed that work. Reading an unwritten continuing-employment condition into the agreement would create unequal compensation among equally qualified teachers for the same period of service.

4th District Court of Appeal, Criminal Law

People v. Baxter — Marijuana Cultivation Convictions Qualify as Wobblers

The Fourth District reversed. Section 11358(d) states that qualifying cultivation conduct is punishable by imprisonment under Penal Code section 1170(h). Section 1170(h)(4), in turn, expressly provides that nothing in that subdivision prevents a court from granting probation or suspending sentence, or a defendant from seeking relief under section 17(b). Reading those provisions together makes a subdivision (d) offense eligible for treatment as a misdemeanor.

4th District Court of Appeal, Civil Procedure, Family Law

Arora v. Arora — Family-Code Sanctions May Include Fees From Unsuccessful Contempt Proceedings

The Fourth District affirmed. Section 1218 and Family Code section 271 address different conduct and serve different purposes. Section 1218 permits a successful contempt movant to recover fees but does not create a reciprocal award for the alleged contemner. Section 271, by contrast, is a family-law sanction designed to encourage cooperation, settlement, and proportionate litigation. Applying section 271 to conduct occurring during contempt proceedings does not convert section 1218 into a reciprocal fee statute.

4th District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

Diplomat Property Manager, LLC v. FortiFi Financial, Inc. — Recording PACE Liens Is Not Protected Anti-SLAPP Activity, and Fraud Claims Do Not Arise from Later Receivership Litigation

The Court of Appeal affirmed the denial of FortiFi's anti-SLAPP motion, holding that recording PACE assessment liens is not protected prelitigation activity and that Diplomat's fraud-based claims do not arise from FortiFi's later litigation conduct in a receivership action.

4th District Court of Appeal, Civil Procedure, Personal Injury & Tort

John Doe N.K. v. Palm Springs Unified School District — School District Not Liable for 1978 Teacher Abuse Where No Supervisor Knew or Should Have Known of the Danger

The Court of Appeal affirmed summary judgment for a school district on negligent hiring, supervision and retention claims over a teacher's 1978–1979 sexual abuse of a student, holding that the plaintiff offered no evidence that district supervisors knew or should have known of the danger and that the district's lack of 40-year-old records did not create a triable issue.

4th District Court of Appeal, Civil Procedure, Labor & Employment Law, Litigation

Slamer v. Southern California Permanente Medical Group — Voluntary Dismissal With Prejudice Strips Trial Court of Power to Order Workers’ Compensation Lien Reimbursement

The Court of Appeal reversed an order requiring plaintiffs to reimburse an employer's workers' compensation lien because the trial court lost jurisdiction when plaintiffs voluntarily dismissed the entire action with prejudice before the employer moved for reimbursement.

4th District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

McKinley v. Harris — Probate Court Cannot Use Equitable Powers to Award a Trustee Her Personal Attorney Fees Without a Statute or Contract

The Fourth District, Division Three, affirmed an order denying attorney fees to a trustee sued individually, holding that a probate court's equitable power protects the trust estate and does not supply a freestanding basis for fees incurred in a trustee's personal defense.

4th District Court of Appeal, Criminal Law

People v. Barraza — Hair attached to a person is not property for robbery

The Court of Appeal held that attached human hair is part of the body, not personal property under Penal Code section 211. California generally regulates human tissue through specialized statutes rather than ordinary property law, and no statute converts hair severed and taken in a continuous act into property as the Legislature has done for crops and fixtures.

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