4th District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort
automatic / July 13, 2026
The Fourth District Court of Appeal clarifies that a school district’s immunity under Education Code section 44808 depends on where the district’s negligent act occurred — not where the student was ultimately injured — overruling two of its own prior decisions in the process.
4th District Court of Appeal, Civil Procedure, Criminal Law
automatic / July 13, 2026
The Fourth District Court of Appeal, on remand from the California Supreme Court, holds that a trial court ordering pretrial detention must make an express finding by clear and convincing evidence that no less restrictive condition than incarceration will adequately protect public safety — “balancing” alternatives against danger is not enough.
Ninth Circuit Court of Appeals, Civil Procedure, Litigation
automatic / July 13, 2026
The Ninth Circuit holds that an ADA plaintiff who obtains a default judgment and injunction requiring a Fontana Family Dollar to fix accessibility barriers is a “prevailing party” entitled to seek attorney’s fees — even though the injunction only requires what federal law already mandates.
Ninth Circuit Court of Appeals, Administrative Law, Banking & Finance, Constitutional Law
automatic / July 13, 2026
The Ninth Circuit affirms a preliminary injunction blocking FinCEN’s “Border GTO” — which required money services businesses in 30 southwest border ZIP codes to file cash-transaction reports for amounts as low as $200 — finding the order was likely a rule requiring notice-and-comment rulemaking and that it was adopted in an arbitrary and capricious manner.
1st District Court of Appeal, Civil Procedure, Litigation
automatic / July 13, 2026
A California Court of Appeal holds that writing “Loss is ongoing” with no dates or date ranges on a government claim form does not substantially comply with Government Code section 910, barring the claimants’ suit against a public agency.
1st District Court of Appeal, Civil Procedure, Litigation
automatic / July 10, 2026
A California appellate court sanctioned an attorney $1,500 for AI-generated fabricated case quotations and held that contractual "attorneys' fees" clauses presumptively include separately billed paralegal time.
3rd District Court of Appeal, Civil Procedure, Criminal Law, Litigation
automatic / July 10, 2026
The Third District reversed a civil asset forfeiture judgment as to one claimant because the jury's special verdict was internally inconsistent: it found he had an ownership interest in the seized cash and that some of it was innocent, yet awarded him nothing.
5th District Court of Appeal, Criminal Law, Litigation
automatic / July 10, 2026
The Fifth District held that driving under the influence causing injury is not a lesser included offense of gross vehicular manslaughter while intoxicated, because the manslaughter statute can be committed in ways that do not require violating the DUI-with-injury statute.
2nd District Court of Appeal, Constitutional Law, Litigation, Real Estate Law
automatic / July 9, 2026
California's Second District Court of Appeal holds that a percentage-of-gross-income rent clause in a public port district's commercial lease is neither a voter-approval tax under Proposition 26 nor an unconstitutional regulation of alcohol sales.
2nd District Court of Appeal, Civil Procedure, Family Law, Litigation
automatic / July 9, 2026
A California Court of Appeal ruling holds that parties who stipulate to bifurcation in a dissolution case must promptly raise any same-judge objection or face Family Code section 271 sanctions — waiting eight months while attending multiple trial setting conferences is not timely.
Ninth Circuit Court of Appeals, Civil Procedure, Immigration, Litigation
automatic / July 9, 2026
The Ninth Circuit holds that the Board of Immigration Appeals has authority — and obligation — to consider ineffective assistance of counsel claims arising from an attorney's post-final-order misconduct before a different tribunal, and that mailing a courtesy copy of a BIA decision to a represented noncitizen does not overcome the presumption of prejudice from counsel's failure to notify them.
3rd District Court of Appeal, Constitutional Law, Criminal Law
automatic / July 8, 2026
The Third District held that a juvenile offender's 50-year determinate sentence is not the functional equivalent of life without parole — and therefore does not qualify for resentencing under Penal Code section 1170(d)(1) — because section 3051 gave him a meaningful parole opportunity during his 15th year of incarceration.
4th District Court of Appeal, Civil Procedure, Litigation
automatic / July 8, 2026
The Fourth District held that trial courts must consider Code of Civil Procedure section 2023.050 — which imposes a mandatory $1,000 sanction for bad-faith document production conduct regardless of the other party's actual expenses — and that a self-represented litigant facing discovery stonewalling by opposing counsel is not left without a remedy.
Ninth Circuit Court of Appeals, Labor & Employment Law, Litigation
automatic / July 8, 2026
In a matter of first impression, the Ninth Circuit held that under the EFAA's timing provision, a "dispute arises" when an employee registers internal disagreement with an employer and the employer expressly or constructively opposes it — not when the employee later files a formal complaint — and that "claims accrue" under standard accrual principles; here both happened before March 3, 2022, so the EFAA did not apply and Netflix's arbitration agreement was enforceable.
2nd District Court of Appeal, Labor & Employment Law, Litigation
automatic / July 7, 2026
The Second District holds that harassment based on sexual orientation is "sexual harassment" under FEHA, triggering the federal EFAA's bar on mandatory arbitration of the entire case.
1st District Court of Appeal, Administrative Law, Constitutional Law, Real Estate Law
automatic / July 7, 2026
The First District holds that Corporations Code section 14300's mandatory cancellation of a public entity's appurtenant water company shares does not violate the California Constitution's limited exception permitting public entities to hold such shares.
Ninth Circuit Court of Appeals, Administrative Law, Environmental Law
automatic / July 7, 2026
The Ninth Circuit vacates key portions of the EPA's 2024 flame-retardant rule, finding EPA failed to adequately regulate decaBDE exposures in recycled plastics, disposal, wastewater, and sewage sludge as required by the Toxic Substances Control Act.
Ninth Circuit Court of Appeals, Administrative Law, Immigration
automatic / July 7, 2026
The Ninth Circuit holds that a drug trafficking conviction supports denial of withholding of removal, and rules that a prior Chevron-based statutory precedent retains binding force under Loper Bright's doctrine of statutory stare decisis.
4th District Court of Appeal, Constitutional Law, Labor & Employment Law, Litigation
automatic / July 6, 2026
The Fourth District holds that an employer's statutory right to seek a workplace violence restraining order on behalf of its employees cannot be signed away in a separation agreement, and strikes as a First Amendment violation a provision barring an elected board member from discussing the restraining order at public meetings.
1st District Court of Appeal, Criminal Law, Litigation
automatic / July 6, 2026
The First District publishes this opinion specifically to flag a recurring error: at a section 1172.6 evidentiary hearing, the trial court is an independent fact-finder who must decide whether the petitioner IS guilty beyond a reasonable doubt under current law — not whether a jury 'could' convict them.
California Supreme Court, Civil Procedure, Litigation, Personal Injury & Tort
automatic / July 2, 2026
The California Supreme Court unanimously holds that the federal two-dismissal rule (FRCP 41(a)(1)(B)) bars re-filing only in federal court and does not preclude a subsequent action in California state court, reversing dismissal of school sexual abuse claims.
California Supreme Court, Criminal Law
automatic / July 2, 2026
The California Supreme Court holds that a prior prison term enhancement (Pen. Code § 667.5(b)) is 'imposed' and thus invalidated under § 1172.75 even when the sentencing court struck the punishment for the enhancement, entitling the defendant to a full resentencing hearing.
2nd District Court of Appeal, Constitutional Law, Criminal Law
automatic / July 2, 2026
The Second District Court of Appeal grants habeas corpus and vacates a second-degree murder conviction after finding the prosecution allowed false eyewitness testimony to stand uncorrected — and defense counsel failed to cross-examine the witnesses with their own prior contradictory police statements — in a gang-related retrial.
2nd District Court of Appeal, Family Law
automatic / July 2, 2026
The Second District dismisses a mother's dependency appeal as moot after the juvenile court terminated jurisdiction and granted her sole custody, holding that allowing a father with known guns access to children constitutes 'general neglect' — not the 'severe neglect' that would trigger a reportable CACI listing.
3rd District Court of Appeal, Civil Procedure, Labor & Employment Law
automatic / July 2, 2026
The Third District Court of Appeal affirms the trial court's refusal to compel arbitration of an auto dealership employee's wage and hour claims, finding the employer's adhesive arbitration agreements unconscionable under Cook v. University of Southern California (2024) due to high economic coercion and one-sided third-party beneficiary provisions.