4th District Court of Appeal

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The Merchant of Tennis v. Superior Court — Class Action Curative Notice Must Warn of Potential Repayment of Rescinded Settlement Funds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

Dion v. Weber — Secretary of State cannot relitigate fraud claim’s merits in payment proceeding from Victims of Corporate Fraud Compensation Fund; $50,000 per claimant cap enforced

automatic / March 18, 2026

Fourth District holds that the Secretary of State cannot relitigate the merits of an underlying fraud claim in a Victims of Corporate Fraud Compensation Fund proceeding but enforces the $50,000 per claimant statutory cap on awards.

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.

4th District Court of Appeal, Criminal Law

People v. Riggs — Defense counsel’s brief administrative suspension during trial does not, by itself, establish ineffective assistance of counsel

automatic / March 16, 2026

Fourth District holds that defense counsel's brief administrative suspension from the State Bar for trust account reporting noncompliance during trial does not, by itself, establish a denial of the right to effective assistance of counsel.

4th District Court of Appeal, Business Transactions, Litigation

Clarke v. Yu — Statute of frauds applies to oral and implied joint venture agreements that cannot be performed within one year

automatic / March 16, 2026

Fourth District holds that California's one-year statute of frauds applies to oral and implied joint venture agreements and affirms summary judgment for Scripps scientists in a biotech startup dispute with a venture capitalist.

4th District Court of Appeal, Family Law

Marriage of Hoch — Spouse cannot be sanctioned for refusing to stipulate to convert legal separation into dissolution; mutual DVROs require independent finding of primary aggressor

automatic / March 12, 2026

Fourth District reverses Family Code section 271 sanctions for refusing to convert legal separation into dissolution and reverses a mutual DVRO that lacked substantial evidence of the wife as primary aggressor.

4th District Court of Appeal, Family Law, Litigation

Domestic Partnership of Campos & Munoz — $5,000 in sanctions imposed for citing AI-generated fake cases in pet custody dispute

automatic / March 5, 2026

Fourth District affirms a pet custody order but imposes $5,000 in sanctions on counsel for repeatedly citing AI-generated fake cases and reports the conduct to the State Bar of California.

4th District Court of Appeal, Administrative Law, Litigation

Harrington v. Housing Authority of Riverside County — Trial court cannot uphold Section 8 termination on grounds the agency never decided

automatic / March 4, 2026

Fourth District holds that even under independent judgment review, a trial court cannot uphold a Section 8 termination on grounds the housing authority's hearing officer never adjudicated.

4th District Court of Appeal, Litigation, Personal Injury & Tort

Fisher v. Fisher — Wrongful-Death Verdict Affirmed Where Brothers’ False Police Report Caused Recovering-Alcoholic Brother’s Fatal Relapse

automatic / February 26, 2026

Fourth District affirms a $9.4 million wrongful-death judgment against two brothers who falsely reported their deceased mother missing to police, triggering a phone call to a recovering-alcoholic brother whose resulting relapse caused his death.

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

J.S. v. D.A. — Trial Court Again Erred by Issuing DVRO Without Addressing Incarcerated Respondent’s Request to Appear by Phone

automatic / February 25, 2026

Fourth District reverses a five-year DVRO for the second time, holding the trial court again denied the incarcerated respondent meaningful access to the courts by issuing the order without addressing his request to appear telephonically.

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

In re Christian V. — Amended Juvenile Restitution Statute Did Not Apply Retroactively Where Minor’s Case Became Final Before the Effective Date

automatic / February 24, 2026

Fourth District affirms a juvenile court's joint-and-several restitution order, holding the January 2025 amendment to Welfare and Institutions Code section 730.6 — which replaced joint-and-several liability with several liability based on percentage of fault — does not apply retroactively to a case that became final before the amendment took effect.

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

Ashirwad, LLC v. Bradbury — Tenant’s Post-Lease Payment During COVID Did Not Necessarily Create a Month-to-Month Tenancy Under Civil Code Section 1945

automatic / February 23, 2026

Fourth District affirms a bench-trial finding that commercial tenants rebutted Civil Code section 1945's presumption of month-to-month tenancy after their lease expired during COVID-19, where the tenants paid one month as a goodwill gesture and never agreed to continue.

4th District Court of Appeal, Environmental Law, Litigation

Environmental Health Advocates v. Pancho Villa’s — Substantial Compliance Governs Proposition 65 Pre-Suit Notice Requirements

automatic / February 20, 2026

Fourth District holds Proposition 65's pre-suit notice regulation is directory rather than mandatory, and that substantial compliance — not strict compliance — governs the validity of the 60-day notice for private-enforcement actions.

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

Haun v. Pagano — Successful Petitioner in Financial-Elder-Abuse Case Could Recover Fees Even Though He Defended Competing Cross-Claim

automatic / February 18, 2026

Fourth District holds that a successful petitioner in a financial-elder-abuse trust dispute may recover attorney fees under Welfare and Institutions Code section 15657.5(a), even though he also defended against the wrongdoers' competing cross-claim for elder abuse.