California Case Summaries

5th District Court of Appeal

5th District Court of Appeal, Civil Procedure, Labor & Employment Law, Litigation

Castillo v. Belkorp AG, LLC — Court of Appeal affirms denial of arbitration, holding an aggrieved employee may bring a PAGA action consisting solely of nonindividual claims

The Court of Appeal affirmed the trial court's denial of Belkorp's motion to compel arbitration, holding that an aggrieved employee may bring a PAGA action consisting solely of nonindividual claims without also asserting individual claims.

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

The Fifth District held that a bond-funded school lease-leaseback did not qualify for the Education Code section 17406 bidding exception, rejected the Government Code section 1090 conflict claim, and directed a modified judgment requiring the contractor to return $236,129 in 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

The Fifth District affirmed defense verdicts for a school district and basketball instructor, holding that primary assumption of the risk applies to an optional, vetted basketball class that satisfied a school's physical education requirement, and that the trial court correctly instructed on intentional or reckless conduct under CACI No. 471, option 1.

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

The Fifth District reversed a writ that had compelled CalGEM to treat a plan for up to 12 new water injection wells as exempt from CEQA, holding that the pre-CEQA private project guideline is invalid and, in any event, inapplicable, and that the class 1 and class 4 categorical exemptions did not apply.

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

Fifth District holds that CC&Rs adopted by a public hospital district cannot be enforced to prohibit a clinic from providing abortion services because such enforcement would violate the California Constitution's reproductive freedom guarantee and Civil Code section 531.

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

Fifth District holds that Penal Code section 292's definitions of 'acts of violence' and 'great bodily harm' are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and convincing evidence.

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

Fifth District holds that 'great bodily injury' in Penal Code section 832.7 carries the long-established Penal Code section 12022.7 definition of significant or substantial physical injury, requiring broader disclosure of police K-9 use-of-force records under the CPRA.

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