California Case Summaries

California Supreme Court

California Supreme Court, Criminal Law

People v. Ball — Vehicle-Occupant Brandishing Requires Objective Fear, Not Actual Fear

The Supreme Court unanimously affirmed the Court of Appeal and held that section 417.3 requires objective fear only. The statutory words focus on the way the firearm is displayed and ask whether that conduct would cause a reasonable person apprehension or fear. They do not say that the identified victim must actually have experienced fear. The Legislature has expressly required actual, reasonable fear in other crimes, including the criminal-threats statute, and its omission of comparable language here was meaningful.

California Supreme Court, Administrative Law, Litigation

In re Spielbauer — California Supreme Court Orders Attorney Restitution to Non-Client Fraud Victim

The California Supreme Court held that a restitution order is appropriate in attorney discipline cases where an attorney's intentional, fraudulent misconduct caused direct financial harm to a non-client, correcting a State Bar Court misreading of prior precedent that had treated tort-based damages to non-clients as categorically excluded from restitution.

California Supreme Court, Civil Procedure, Litigation

Maniago v. Desert Cardiology Consultants — Voluntary Dismissal Forfeits Right to Appeal Adverse Pretrial Rulings

The California Supreme Court held that when plaintiffs voluntarily dismiss their action before any of their claims have been finally resolved by the trial court, the dismissal terminates the action and forfeits the right to appeal — it does not create an appealable judgment even if the stated purpose was to expedite review of adverse pretrial rulings.

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