4th District Court of Appeal

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

Bishop v. SDCERA — Public Employee’s Pension Forfeiture Survives Reduction of Felony Conviction to Misdemeanor

automatic / February 18, 2026

Fourth District holds a public employee 'convicted' of a job-related felony — by guilty plea — forfeits a portion of his pension benefits under Government Code section 7522.74, and that forfeiture is not undone when the felony is later reduced to a misdemeanor under Penal Code section 17(b).

4th District Court of Appeal, Criminal Law, Litigation

People v. T.B. — ‘Less Onerous Alternatives’ to Court-Ordered ECT Means Medical Alternatives, Not Surrogate-Consent Procedures

automatic / February 18, 2026

Fourth District affirms a trial court order authorizing electroconvulsive therapy for an incarcerated patient with treatment-resistant schizoaffective disorder, holding that 'no less onerous alternatives' under Penal Code section 2679(b) refers to medical alternatives, not surrogate-consent procedures.

4th District Court of Appeal, Criminal Law, Litigation

Flareau v. Superior Court — Trial Court Abused ‘Residual’ Discretion to Deny Mental-Health Diversion Without Proper Analysis

automatic / February 18, 2026

Fourth District grants writ relief, holding that a Riverside County trial court abused its 'residual' discretion under Penal Code section 1001.36 by denying mental-health diversion without proper analysis of the statute's eligibility and suitability criteria.

4th District Court of Appeal, Civil Procedure, Litigation

Hatlevig v. General Motors LLC — Motion for Attorney Fees Untimely When Filed and Served More Than 180 Days After Court-Ordered Dismissal Took Effect

automatic / February 17, 2026

Fourth District affirms denial of a Song-Beverly plaintiff's attorney-fee motion as untimely, holding the motion had to be served within 180 days of the court-ordered dismissal date even though the parties had not formally filed a dismissal.

4th District Court of Appeal, Criminal Law

People v. Gutierrez — Tree-Mortality State of Emergency Was Not Statewide; Arson Sentence Enhancement Requires Proof Fire Was in a Designated Hazard Zone

automatic / February 17, 2026

Fourth District affirms a felony arson conviction but reverses the state-of-emergency sentencing enhancement, holding the 2015 tree-mortality emergency proclamation did not extend statewide and the prosecution failed to prove the fire was in a designated hazard zone.

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

Anaheim Police Dept. v. Crockett — Gun Violence Restraining Order Properly Issued Against Father Whose Son Threatened a School Shooting

automatic / February 13, 2026

Fourth District affirms a Gun Violence Restraining Order against a father whose adult son with a documented mental-health history threatened a mass shooting at a local high school, holding the order survives Second Amendment, vagueness, and overbreadth challenges.

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

People v. Zapata — Confession to Undercover ‘Perkins’ Operatives Inadmissible When Suspect Had Invoked Right to Counsel

automatic / February 10, 2026

Fourth District reverses a second-degree-murder conviction, holding that statements obtained from a defendant during an undercover Perkins operation were inadmissible under Miranda because the suspect had invoked his right to counsel and a known law-enforcement officer continued to 'stimulate' the operation in a manner that amounted to custodial interrogation.

4th District Court of Appeal, Civil Procedure, Litigation

Semaan v. Mosier — Court-Appointed Receivers Are Protected by Quasi-Judicial Immunity for Discretionary Acts; Anti-SLAPP Motion Granted

automatic / February 6, 2026

Fourth District holds that a court-appointed receiver is protected by quasi-judicial immunity for discretionary acts and decisions, affirming the grant of an anti-SLAPP motion to strike claims against the receiver brought by a criminal defendant and his family.

4th District Court of Appeal, Criminal Law, Litigation

Esparza v. Superior Court — LPS Grave-Disability Finding Is Not Equivalent to Incompetence to Testify Under Evidence Code Section 701

automatic / February 5, 2026

Fourth District grants writ relief, holding that a probate court's grave-disability finding under the LPS Act does not establish that the person is incompetent to testify under Evidence Code section 701, which requires its own determination.

4th District Court of Appeal, Business Transactions, Litigation

Grant v. Chapman University — University Statements About On-Campus Education Are Not Specific Enough to Form an Implied Promise of In-Person Instruction

automatic / February 5, 2026

Fourth District affirms summary judgment for Chapman University in a COVID-19 tuition-refund case, holding that the university's general descriptions of campus facilities and 'face-to-face' contact were not specific enough to form an enforceable implied promise of in-person education.

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

Parsonage v. Wal-Mart Associates — ICRAA $10,000 Statutory Damages Available Without Proof of Concrete Injury in Employment Background-Check Cases

automatic / February 4, 2026

Fourth District reverses summary judgment for Wal-Mart, holding California's Investigative Consumer Reporting Agencies Act allows employees to recover the $10,000 statutory damages award for ICRAA disclosure violations without proving any concrete injury such as an adverse employment decision.

4th District Court of Appeal, Criminal Law

People v. Gomez — Prosecutor’s ‘Dog and Slushy’ Analogy About Circumstantial Evidence Did Not Violate the Racial Justice Act

automatic / February 4, 2026

Fourth District affirms convictions but remands for resentencing in a vehicle-theft case, holding the prosecutor's and defense counsel's use of a 'dog drinking a slushy' analogy to explain circumstantial evidence did not violate the Racial Justice Act.

4th District Court of Appeal, Business Transactions, Litigation

Higginson v. Kia Motors America — Trial Court Should Have Imposed Terminating Sanctions for Kia’s False Discovery Responses About Engine-Defect Records

automatic / February 3, 2026

Fourth District reverses a defense judgment in a Song-Beverly action against Kia, holding the trial court abused its discretion by accepting Kia's false verified discovery responses about engine-defect records and failing to impose terminating sanctions when the falsity was revealed.

4th District Court of Appeal, Criminal Law, Litigation

Siam v. Superior Court — Trial Court Erred in Denying Mental-Health Diversion by Overriding Sole Expert and Relying on Unsupported Findings

automatic / January 26, 2026

Fourth District grants writ relief, holding that an Orange County trial court applied the wrong legal standard and relied on findings unsupported by substantial evidence when denying mental-health pretrial diversion to a defendant diagnosed with paranoid schizophrenia.

4th District Court of Appeal, Administrative Law, Litigation

Mustaqeem v. City of San Diego — State Sidewalk-Vendor Law Preempts Some San Diego Vending Ordinances; Preliminary Injunction Reversed

automatic / January 22, 2026

Fourth District reverses denial of a preliminary injunction by a licensed sidewalk vendor against the City of San Diego, holding that at least two of the City's vending ordinances — covering impoundment of merchandise and operating-hour restrictions — directly conflict with state sidewalk-vendor protections.

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

Harmon v. Superior Court — Public Defender Has Discretion to Decline Appointment to Habeas Petitioner Under Government Code Section 27706(g)

automatic / January 20, 2026

Fourth District grants writ relief, holding that Government Code section 27706(g) gives a public defender discretion to decline appointment to represent a habeas petitioner — including a Racial Justice Act claimant — without showing unavailability.

4th District Court of Appeal, Civil Procedure, Litigation

N.D. v. Superior Court — $25,000 Sanctions for Lawyer Who Filed Frivolous Writ Petition Accusing Trial Judge of Misconduct Without Evidence

automatic / January 20, 2026

Fourth District imposes $25,000 in sanctions on attorney T. Matthew Phillips for filing a frivolous writ petition that accused the trial judge of retaliation, discrimination, and acting in concert with opposing counsel — none of which was supported by evidence in the record.

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

Californians for Homeownership v. City of La Habra — City Manager May Adopt Housing-Element Revisions Without Additional Public Hearing

automatic / January 16, 2026

Fourth District affirms denial of writ relief in a Housing-Element Law challenge, holding that subsequent draft revisions made to obtain HCD certification need not be re-noticed for public hearing or readopted by the City Council.

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

The Merchant of Tennis, Inc. v. Superior Court — Curative Notice to Class Members Who Revoke Settlements Must Reflect California Rescission Statutes

automatic / January 14, 2026

Fourth District grants writ relief, holding that a curative class-action notice informing putative class members they may revoke individual settlement agreements must also tell them California rescission statutes require return of the settlement payment.

4th District Court of Appeal, Civil Procedure, Litigation

Barbanell v. Lodge — Petitioner Who Wins a Court Order Appointing a New Arbitrator Is a ‘Prevailing Party’ Entitled to Fees

automatic / January 8, 2026

Fourth District holds that a party who wins a discrete court petition to appoint a new arbitrator is the prevailing party in that proceeding and is entitled to attorney fees under the underlying contract, even though the parties' substantive disputes remained pending in arbitration and a parallel lawsuit.

4th District Court of Appeal, Insurance Law, Litigation

People ex rel. Henggeler v. Dauod — Insurance-Fraud Qui Tam Suit Survives Public-Disclosure Bar Even When Based on Trial Testimony

automatic / January 6, 2026

Fourth District holds the public-disclosure bar in California's Insurance Frauds Prevention Act stops a qui tam plaintiff only when the suit is based on publicly disclosed allegations or transactions of fraud — not when it merely uses publicly available information.

4th District Court of Appeal, Administrative Law, Litigation

American Medical Response of Inland Empire v. County of San Bernardino — County Had Discretion to Pick a Different EMS Bidder Even When AMR Scored Highest

automatic / January 5, 2026

Fourth District reverses a preliminary injunction that had blocked San Bernardino County from awarding its exclusive EMS contract to a fire-services bidder over incumbent AMR, holding the County retained discretion to weigh proposals and was not required to advance only the highest-scoring bid.

4th District Court of Appeal, Criminal Law, Litigation

People v. Aguilar — Conviction Reversed Where Prosecutor Struck Latina Juror Without Substantial Evidence of Confusion

automatic / January 2, 2026

Fourth District reverses a multi-count conviction because the trial court accepted, without substantial supporting evidence, the prosecution's stated reason for striking the only Latina juror under amended Code of Civil Procedure section 231.7.