4th District Court of Appeal

4th District Court of Appeal, Criminal Law, Family Law

In re Parker B. — 4th District Says Unqualified WIC Section 782 Dismissal Encompasses Findings, Allowing Sealing of Section 707(b) Juvenile Records

automatic / May 4, 2026

The Fourth District holds that an unqualified Welfare and Institutions Code section 782 dismissal encompasses the underlying findings, satisfying section 786(d)'s "dismissed" condition for sealing serious juvenile offense records — but the firearm restriction survives.

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

In re Marriage of Nishida & Kamoda — Civil Lawsuit Alleging Fraud in Marital Stipulation Was Timely and Should Not Have Been Dismissed After Transfer to Family Law Court

automatic / April 30, 2026

Fourth District reverses dismissal of civil fraud lawsuit alleging misrepresentation in connection with marital settlement stipulation, holding that the lawsuit was timely filed and should not have been dismissed under Family Code section 2122 after transfer to family law court.

4th District Court of Appeal, Criminal Law, Litigation

People v. The North River Insurance Co. — Defendant’s Counsel Appearance Under Section 977 Triggers Bail Bond Exoneration; Court Retains Jurisdiction to Award Extradition Costs

automatic / April 28, 2026

Fourth District holds that a defendant's appearance through counsel under Penal Code section 977 satisfies the appearance requirement for bail bond exoneration and that the trial court retained jurisdiction to award extradition costs after conditional exoneration.

4th District Court of Appeal, Construction Law, Litigation

AVL Test Systems v. Hensel Phelps Construction — Whether Equipment Becomes “Fixed Part of the Structure” for Contractor Licensing Exemption Is a Question of Fact

automatic / April 28, 2026

Fourth District reverses summary judgment for general contractor in $73 million emissions testing equipment dispute, holding that whether the equipment becomes a fixed part of the structure for purposes of the contractor licensing finished products exemption is a question of fact when supported by conflicting expert testimony.

4th District Court of Appeal, Civil Procedure, Litigation

Amezcua v. Superior Court — Trial Court Cannot Condition Leave to Amend Under Section 473 on Payment of Attorney’s Fees

automatic / April 24, 2026

Fourth District grants writ of mandate striking a $25,000 attorney's fee condition the trial court had imposed sua sponte on the plaintiff's leave to amend her complaint, holding that Code of Civil Procedure section 473 does not authorize fee awards as conditions of amendment.

4th District Court of Appeal, Criminal Law, Litigation

Bobo v. Appellate Division of Superior Court — Trial Court Cannot Deny Misdemeanor Vehicular Manslaughter Diversion Based Solely on the Inherent Elements of the Charged Offense

automatic / April 22, 2026

Fourth District grants writ of mandate ordering reconsideration of misdemeanor diversion request in vehicular manslaughter case, holding that the trial court abused its discretion by denying diversion based solely on the inherent elements of the charged offense (negligence causing death) without individualized analysis.

4th District Court of Appeal, Criminal Law, Litigation

People v. Superior Court (Austin) — Judge Who Was Former Homicide Prosecutor Must Be Disqualified from Racial Justice Act Hearing Challenging That Office’s Charging Practices

automatic / April 16, 2026

Fourth District grants writ of mandate disqualifying a judge from presiding over a California Racial Justice Act hearing because her prior service as a homicide prosecutor in the same District Attorney's Office whose charging practices are under review created an appearance of bias.

4th District Court of Appeal, Business Transactions, Litigation

NNN Capital Fund I, LLC v. Mikles — Standing of Purported LLC Representatives Is a Jurisdictional Issue That May Be Raised at Any Time, Including After Arbitration

automatic / April 16, 2026

Fourth District vacates judgment confirming arbitration award and remands for the trial court to determine whether the purported liquidating trustees who brought the action on behalf of an LLC had standing under the company's operating agreement, holding that jurisdictional standing may be challenged at any time.

4th District Court of Appeal, Criminal Law, Litigation

People v. Harzan — Conviction Reversed Where Trial Court Forced Defendant to Choose Between Entrapment Defense and Excluding Decades-Old Sexual Misconduct Evidence

automatic / April 16, 2026

Fourth District reverses conviction where the trial court forced the defendant to choose between asserting a valid entrapment defense and admission of decades-old sexual misconduct evidence from his teenage years, holding that the conditioning violated his constitutional right to present a defense.

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

Walton v. Victor Valley Community College District — Nursing Student May Pursue FEHA, Education Code, and Government Claims Against District for Faculty Sexual Harassment

automatic / April 15, 2026

Fourth District reverses summary judgment for community college district on nursing student's sexual harassment claims, holding that the student has standing under FEHA, that her detailed pre-litigation letter substantially complied with the Government Claims Act, and that triable issues exist on her Education Code section 66270 deliberate indifference claim.

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

The Retail Property Trust v. Orange County Assessment Appeals Board — COVID-19 Pandemic Restrictions Did Not Cause “Damage” Triggering Tax Reassessment Under Section 170

automatic / April 15, 2026

Fourth District holds that the COVID-19 pandemic and related government restrictions did not cause "damage" to the Brea Mall within the meaning of Revenue and Taxation Code section 170(a)(1), and that calamity reassessment requires actual physical damage to property.

4th District Court of Appeal, Criminal Law, Litigation

People v. Espiritu — Trial Court’s Failure to Recognize Presumptively Invalid Reason for Peremptory Challenge Requires Reversal Under Section 231.7

automatic / April 13, 2026

Fourth District reverses convictions in sexual assault case where the trial court failed to recognize that a peremptory challenge based on a juror's nursing occupation was presumptively invalid under Code of Civil Procedure section 231.7, holding that defense counsel's failure to specifically invoke the presumption did not forfeit the issue.

4th District Court of Appeal, Criminal Law, Litigation

People v. Sanchez — Court Correcting Clerical Sentencing Error Cannot Modify Misdemeanor Sentences and Need Not Conduct Full Resentencing

automatic / April 9, 2026

Fourth District holds that a court correcting a clerical error in an abstract of judgment is not required to conduct full resentencing or hear Romero motions, but exceeded its authority by modifying the underlying misdemeanor sentences during the correction process.

4th District Court of Appeal, Criminal Law, Litigation

People v. Bradley — Stayed Sentences for Unused One Strike Circumstances and Habitual Sexual Offender Law Are Unauthorized

automatic / April 8, 2026

Fourth District affirms forcible rape and related convictions but holds that stayed sentences based on unused One Strike circumstances and the Habitual Sexual Offender law are unauthorized when the defendant is already sentenced under the One Strike law and Three Strikes law for the same offense.

4th District Court of Appeal, Business Transactions, Litigation

Gonzalez v. Community Mortuary — Impracticability of Performance Is an Equitable Defense Tried to the Court, Not the Jury

automatic / April 8, 2026

Fourth District holds that impracticability of performance is an equitable defense that must be tried to the court rather than the jury and reverses a defense verdict in a breach of contract case arising from a Texas mortuary's body mix-up that resulted in the wrong body being buried in San Diego.

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

The Merchant of Tennis v. Superior Court — Class Action Curative Notice Must Warn of Potential Repayment of Rescinded Settlement Funds

automatic / April 2, 2026

Fourth District holds that a curative notice in a wage and hour class action must warn employees who rescind individual settlement agreements that they may be required to repay the settlement consideration if the employer prevails, applying California Civil Code rescission statutes rather than federal class action precedents.

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

Moramarco v. Nowakoski — Inability to pay is not a defense to Probate Code section 859 civil penalty for double damages against breaching trustee

automatic / March 27, 2026

Fourth District holds that a breaching trustee's inability to pay is not a defense to Probate Code section 859's mandatory double damages penalty and clarifies that postjudgment interest does not accrue on the prejudgment interest portion of the award.

4th District Court of Appeal, Family Law

Steven N. v. Priscilla C. — Voluntary declaration of parentage is void where birth mother had attempted marriage to another man at the time of the child’s birth

automatic / March 26, 2026

Fourth District holds that a voluntary declaration of parentage is void where the birth mother had attempted to marry another man in apparent compliance with the law, making him a presumed parent under Family Code section 7611(b).

4th District Court of Appeal, Criminal Law, Immigration

People v. Avena — Section 1473.7 motion granted because counsel did not negotiate immigration-safe plea after intervening change in law

automatic / March 26, 2026

Fourth District grants Penal Code section 1473.7 relief where defense counsel failed to recognize and pursue an immigration-safe plea after Sessions v. Dimaya and United States v. Lynch opened the door to one.

4th District Court of Appeal, Constitutional Law, Criminal Law

In re E.J. — Penal Code section 29820 firearm prohibition for juvenile offenders is facially constitutional under Bruen framework

automatic / March 26, 2026

Fourth District holds that Penal Code section 29820's firearm prohibition for certain juvenile wards until age 30 is facially constitutional under both the Second Amendment Bruen framework and the Due Process Clause.

4th District Court of Appeal, Civil Procedure, Litigation

O’Leary v. Jones — Dismissal of arbitration confirmation petition for lack of personal jurisdiction did not make defendant the prevailing party on the contract for fees

automatic / March 24, 2026

Fourth District holds that a guarantor's procedural dismissal of an arbitration confirmation petition for lack of personal jurisdiction did not make him the prevailing party on the contract for attorney fees but did entitle him to costs.

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

Guardian Storage Centers v. Simpson — State Fund rule applies when attorney receives privileged emails that ex-employee improperly took from former employer

automatic / March 24, 2026

Fourth District holds that the State Fund rule applies when a law firm receives privileged emails that a former executive improperly took from the company, and reverses the trial court's denial of disqualification motions.

4th District Court of Appeal, Insurance Law, Litigation

City of Riverside v. RLI Insurance Co. — Royal Globe joinder rule does not bar additional insured from suing both insurer and the named insured contractor in same action

automatic / March 20, 2026

Fourth District holds that the Royal Globe joinder rule does not bar an additional insured city from suing both its contractor's insurer and the contractor in the same action arising from a fatal pedestrian accident.

4th District Court of Appeal, Criminal Law

People v. Perez — Police cannot order a person out of a home without a warrant or probable cause; in-home detention rule extends to officers standing outside

automatic / March 20, 2026

Fourth District holds that police violated the Fourth Amendment by ordering a man out of a residence at gunpoint without a warrant or probable cause and rejects the contrary 1985 Trudell decision.

4th District Court of Appeal, Criminal Law

Meiner v. Superior Court — Apple Pay account is a ‘financial account’ excluded from warrantless probation searches

automatic / March 18, 2026

Fourth District holds that an Apple Pay account is a 'financial account' excluded from warrantless probation searches and orders suppression of bank evidence obtained through a warrant relying on the unlawful search.