5th District Court of Appeal, Civil Procedure, Labor & Employment Law, Litigation
5th District Court of Appeal
5th District Court of Appeal, Constitutional Law, Construction Law, Litigation
Davis v. Fresno Unified School District — Bond-Funded Lease-Leaseback Violated Bidding Laws, but Contractor Need Only Return $236,129 Net Profit
5th District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort
Yzaguirre v. Clovis Unified School District — Voluntary, Team-Linked Basketball PE Class Is Covered by Primary Assumption of the Risk, and Intent-or-Recklessness Jury Instruction Was Proper
5th District Court of Appeal, Administrative Law, Environmental Law, Litigation
San Joaquin Facilities Management, Inc. v. Department of Conservation — New Water Injection Wells Are Not Exempt from CEQA Review, and the Writ Is Reversed
5th District Court of Appeal, Civil Procedure, Criminal Law, Insurance Law
People v. North River Insurance Co. — Bail-bond judgment may be entered in the criminal case
5th District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort
Martinez v. Contreras — Juror discussions of wealth and insurance support a new trial
5th District Court of Appeal, Administrative Law, Constitutional Law, Litigation
Seeboth v. State Department of State Hospitals — Sexually Violent Predator Patients Have No Statutory Right to Unopened Mail
5th District Court of Appeal, Civil Procedure, Environmental Law, Litigation
Department of Fish and Wildlife v. Superior Court — Local governments may keep suit against the state in their home county
5th District Court of Appeal, Constitutional Law, Criminal Law
People v. Superior Court (Jackson) — Prosecutors cannot compel their own mental-health examination of a defendant seeking pretrial diversion
5th District Court of Appeal, Healthcare Law, Labor & Employment Law, Litigation
Stallion Springs Medical Services v. Superior Court — Staffing company owed no common-law fair-procedure hearing
5th District Court of Appeal, Criminal Law, Personal Injury & Tort
People v. Castillo — Crime Victims May Receive Noneconomic Restitution Without a Fixed Formula
5th District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort
Gharraee v. Trader Joe’s — timely e-filing controls despite clerk rejection
5th District Court of Appeal, Administrative Law, Constitutional Law, Litigation
1 Community Compact v. City of Fresno — Street Renaming Did Not Compel Speech or Exceed City Power
5th District Court of Appeal, Criminal Law
People v. Prak — Preliminary Hearing Hearsay Is Fair Game at the Section 1172.6 Prima Facie Stage
5th District Court of Appeal, Criminal Law, Litigation
People v. Yanez — DUI Causing Injury Is Not a Lesser Included Offense of Gross Vehicular Manslaughter While Intoxicated
5th District Court of Appeal, Civil Procedure, Litigation
Munger Hortifrut North America v. Dan Drake Enterprises — Firm That Fired Conflicted Lateral Hire Is Not Disqualified
5th District Court of Appeal, Civil Procedure, Labor & Employment Law, Litigation
Cortina v. North American Title Co. — Appellate Court Reverses 19-Year Wage-and-Hour Class Action Over Trial Errors
5th District Court of Appeal, Criminal Law, Litigation
People v. Robinson — Lifers Who Aren’t Sex Offenders Stay Eligible for SB 483 Resentencing
5th District Court of Appeal, Administrative Law, Criminal Law, Litigation
Myers v. Dept. of Motor Vehicles — Body-Cam Video Can Rebut Officer’s Claim of Continuous DUI Observation
5th District Court of Appeal, Labor & Employment Law, Litigation
Martinez v. Sierra Lifestar — Defenses Common to All Class Members Cannot Defeat Typicality of Class Representative’s Claim
5th District Court of Appeal, Litigation, Real Estate Law
Tulare Medical Center Property Owners Assn. v. Valdivia — CC&Rs Adopted by Public Entity Cannot Prohibit Abortion Clinics in Medical Common Interest Development
5th District Court of Appeal, Constitutional Law, Criminal Law
In re Bergstrom — Penal Code section 292 validly defines ‘acts of violence’ and ‘great bodily harm’ under California Constitution’s no-bail provision
5th District Court of Appeal, Criminal Law
People v. Chang — Mere presence of peace officer is not the ‘objective correlate’ required for imperfect self-defense instruction in delusion case
5th District Court of Appeal, Administrative Law, Constitutional Law
City of Fresno v. Superior Court — ‘Great bodily injury’ in Penal Code section 832.7 means significant or substantial physical injury, not the narrower ‘serious bodily injury’ standard
5th District Court of Appeal, Labor & Employment Law, Litigation