California Case Summaries

4th District Court of Appeal, Civil Procedure, Family Law

Arora v. Arora — Family-Code Sanctions May Include Fees From Unsuccessful Contempt Proceedings

The Fourth District affirmed. Section 1218 and Family Code section 271 address different conduct and serve different purposes. Section 1218 permits a successful contempt movant to recover fees but does not create a reciprocal award for the alleged contemner. Section 271, by contrast, is a family-law sanction designed to encourage cooperation, settlement, and proportionate litigation. Applying section 271 to conduct occurring during contempt proceedings does not convert section 1218 into a reciprocal fee statute.

3rd District Court of Appeal, Administrative Law, Criminal Law

In re C.M. — Adult Ward’s Juvenile Cases Could Not Be Shifted to Parents’ County

The Third District reversed both transfers. Although juvenile-court jurisdiction can continue after age 18, the Legislature used “minor” deliberately in section 750. Once C.M. became an adult, his residence could not automatically be derived from his parents’ residence. The transfer courts therefore erred at the threshold by treating Mariposa County as his residence without determining where C.M. himself resided.

2nd District Court of Appeal, Labor & Employment Law, Litigation

Molina v. Triumph Residential Services — Mandatory Arbitration Agreement Unenforceable When FAA Does Not Apply

The Second District affirmed denial of arbitration. The Legislature added the FAA language in an attempt to avoid federal preemption; it protects only agreements that are actually enforceable under the federal statute. When the FAA does not apply, ordinary California contract principles remain in force, including the rule that courts will not enforce a contract that was illegal to form. A section 432.6 violation can therefore make a non-FAA arbitration agreement unenforceable.

2nd District Court of Appeal, Constitutional Law, Criminal Law

People v. Thomas — Investigatory Car Search Could Not Be Justified as an Inventory

The Second District reversed and ordered suppression. An inventory search must be tied to a legitimate caretaking purpose, such as protecting property, protecting police from claims, or removing a vehicle that threatens traffic or public safety. It cannot be used as a substitute for probable cause when officers hope to find evidence. The prosecution bears the burden of proving the exception.

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