California Case Summaries

Ninth Circuit Court of Appeals, Constitutional Law, Labor & Employment Law

Brown v. Alaska Airlines — Airline’s Firing of Flight Attendants Over Equality Act Posts Must Go to Jury as Religious Discrimination

automatic / June 24, 2026

The Ninth Circuit reverses summary judgment for Alaska Airlines and the AFA flight attendants' union, holding that two Christian flight attendants fired after posting about the Equality Act raised genuine disputes of material fact on Title VII religious discrimination, and that the Railway Labor Act does not preempt their Oregon and Washington state anti-discrimination claims against the union.

4th District Court of Appeal, Civil Procedure, Litigation

Popa v. Simpson — Disqualifying Opposing Counsel Requires Clearly Privileged Document, Not Just a Lawyer’s Folder Name

automatic / June 23, 2026

California's Fourth Appellate District reversed the disqualification of defense counsel in a sexual battery case, holding that an inadvertently produced Dropbox index was too ambiguous to trigger attorney stop-and-notify duties, and that using non-privileged discoverable documents cannot support disqualification.

4th District Court of Appeal, Civil Procedure, Construction Law, Litigation

Fazel v. Pete Fowler Construction Services — Litigation Privilege Bars Negligence Suit Against Expert for Defective Repair Recommendations

automatic / June 23, 2026

California's Fourth Appellate District held that California's absolute litigation privilege bars a property owner from suing an opposing construction expert for negligence in formulating repair recommendations contained in a litigation expert report, even after those repairs failed.

Ninth Circuit Court of Appeals, Labor & Employment Law, Litigation

Cocom v. ABM Aviation — Ninth Circuit Reverses Unconscionability Finding, Orders Enforcement of Employment Arbitration Agreement

automatic / June 23, 2026

The Ninth Circuit reversed a district court's refusal to enforce a pre-dispute employment arbitration agreement, holding that the agreement's scope was limited to employment-related claims under ejusdem generis, distinguishing Cook v. USC's broader unconscionability holding.

1st District Court of Appeal, Civil Procedure, Insurance Law, Litigation

Guthrie v. Transamerica Life Insurance Co. — Class Certification Denied for UCL Claims Over Bundled Life Insurance Premium

automatic / June 22, 2026

California's First Appellate District affirmed denial of class certification in a UCL action alleging Transamerica's bundled Trendsetter LB life insurance policy misled buyers about the cost of included accelerated death benefits, holding that individual differences in agent communications and policy data pages prevented class-wide proof of deception.

1st District Court of Appeal, Administrative Law, Labor & Employment Law

City and County of San Francisco v. PERB — San Francisco Charter Excludes City Attorneys’ At-Will Status from Binding Interest Arbitration

automatic / June 22, 2026

San Francisco's First Appellate District reversed a PERB order requiring the City to submit its attorneys' at-will status to binding interest arbitration, holding that the San Francisco Charter's civil service provisions place that question outside the scope of the MMBA's interest arbitration process.

2nd District Court of Appeal, Constitutional Law, Litigation, Tax (non-estate)

Nguyen v. City of Los Angeles — SoCalGas Franchise Fee and Customer Surcharge Are Not a Tax Under Proposition 26

automatic / June 22, 2026

The Second Appellate District affirmed summary judgment for the City of Los Angeles, holding that the 5.5% SoCalGas franchise fee — including a 3.5% surcharge billed to customers — is a charge for use of City streets exempt from Proposition 26's voter-approval requirement, and that no independent reasonableness showing is required under the exemption.

2nd District Court of Appeal, Criminal Law

People v. Sacco — Mental Health Diversion Properly Denied When Crime’s Sophistication Contradicts Claimed Cognitive Impairments

automatic / June 22, 2026

The Second Appellate District affirmed denial of pretrial mental health diversion under Penal Code § 1001.36, holding that the trial court had substantial evidence to find the statutory presumption rebutted where the defendant's diagnosed depressive disorder — characterized by poor concentration and forgetfulness — was fundamentally inconsistent with years of coordinated, sophisticated financial crimes.

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

Div. of Occupational Safety & Health v. Uber Technologies, Inc. — Court of Appeal Upholds Cal/OSHA’s Power to Subpoena Uber Over Gig Worker’s On-the-Job Death

automatic / June 18, 2026

California's Second Appellate District held that Cal/OSHA can compel Uber to produce records about a deceased Uber Eats driver's employment status even without first proving the driver was an employee, but remanded for narrowing of overbroad document requests.

Ninth Circuit Court of Appeals, Constitutional Law, Labor & Employment Law

Union Gospel Mission of Yakima Washington v. Brown — Ninth Circuit to Reconsider En Banc Whether Religious Employers Can Require Staff to Share Their Faith

automatic / June 18, 2026

The full Ninth Circuit has agreed to rehear en banc a case about whether states can force religious nonprofits to hire employees who don't share their faith, vacating a panel opinion that had protected a Christian shelter's faith-based hiring practices.

Ninth Circuit Court of Appeals, Criminal Law, Litigation

Detrich v. Thornell — Ninth Circuit En Banc Tightens Standard for Excusing Procedural Default in Federal Habeas Cases Under Martinez v. Ryan

automatic / June 17, 2026

In an en banc opinion, the Ninth Circuit affirmed denial of habeas relief to an Arizona death-row prisoner, clarifying that merely including an underlying petition as an exhibit does not 'fairly present' a claim to a state supreme court, and that Martinez v. Ryan requires a showing of reasonable probability of a different outcome in state postconviction proceedings — not just the potential merit of the underlying IAC claim.

2nd District Court of Appeal, Administrative Law, Environmental Law

Sable Offshore Corp. v. California Coastal Commission — Coastal Commission May Issue Cease-and-Desist Order When County Declines Enforcement

automatic / June 17, 2026

The Second District affirmed a preliminary injunction upholding the Coastal Commission's cease-and-desist order against Sable Offshore's Las Flores Pipeline repairs, holding that a county's decision not to require permits qualifies as 'declining to act' under the Coastal Act — triggering the Commission's independent enforcement authority.

4th District Court of Appeal, Labor & Employment Law, Litigation

Taduran v. Glidewell Dental — Court Affirms Per-Employee Reduction Method for PAGA Penalties and Negative Lodestar Multiplier on Attorney Fees

automatic / June 17, 2026

The Fourth District affirmed a PAGA judgment in which the trial court reduced penalties on a per-employee (not per-pay-period) basis and applied a 0.70 downward multiplier to the attorney fee lodestar, holding that neither the PAGA statute nor applicable precedent limits the court's discretion on either point.

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Yurok Tribe v. Klamath Water Users Association — Ninth Circuit Holds Endangered Species Act Applies to Bureau of Reclamation’s Klamath Project Operations

automatic / June 17, 2026

The Ninth Circuit affirmed that the Endangered Species Act's mandatory consultation requirements apply to the Bureau of Reclamation's operation of the Klamath Project, a major federal water management initiative in Northern California and Southern Oregon, rejecting the Klamath irrigation districts' argument that the ESA cannot limit water releases already required by contract.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Labor & Employment Law

American Federation of Government Employees v. Trump — Ninth Circuit Vacates Injunction Against Executive Order Stripping Federal Agency Unions of Collective Bargaining Rights

automatic / June 17, 2026

The Ninth Circuit vacated a district court injunction that had blocked President Trump's Executive Order 14,251 — which stripped roughly 800,000 federal employees across multiple agencies of collective bargaining rights on national security grounds — holding that the unions failed to show a likelihood of success on their First Amendment retaliation claim.

1st District Court of Appeal, Constitutional Law, Criminal Law

People v. Hayes — SWAT Coercion to Exit Home Is an In-Home Arrest, but a Valid Warrant Saves the Search

automatic / June 12, 2026

When a SWAT team uses gas, drones, and robots to flush a suspect from his apartment, the resulting arrest is treated as an in-home arrest — but California's First District upheld the conviction anyway because the underlying warrant affidavit, even with false statements excised, still established probable cause.

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

People v. Russo — Prior Failure in the Same Treatment Program Justifies Denying Mental Health Diversion

automatic / June 12, 2026

A trial court may deny mental health diversion under Penal Code section 1001.36 when a defendant proposes returning to the same treatment program that previously failed to address his needs — even if the court frames its analysis in terms of treatment adequacy rather than the statutory suitability factors.

4th District Court of Appeal, Constitutional Law, Criminal Law

People v. Konther — DNA Abandoned at a Crime Scene Carries No Fourth Amendment Privacy Protection, Even for Genetic Genealogy Analysis

automatic / June 12, 2026

In the first California published decision on investigative genetic genealogy, the Fourth District held that a rapist has no reasonable expectation of privacy in semen left at a crime scene — and that law enforcement's use of that DNA for genealogical database searches to identify him did not constitute a Fourth Amendment search.

1st District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

County of Del Norte v. Britt — Homeowners Wrongly Named in Housing Receivership Can Recover Attorney Fees from the County

automatic / June 11, 2026

When a county names the relatives of a deceased property owner in a housing receivership proceeding and then fails to establish their liability, those relatives are entitled to recover attorney fees from the county under Health and Safety Code section 17980.7(c)(11), which overrides the older, more general bar on cost awards against municipalities.

2nd District Court of Appeal, Criminal Law

People v. Bustillos — Defendant Who Fled Justice Still Gets SB 567’s Upper-Term Sentencing Protections

automatic / June 11, 2026

Applying the California Supreme Court's recent People v. Mitchell decision, the Second District held that Senate Bill 567's restrictions on imposing upper-term sentences apply retroactively to defendants resentenced after probation revocation — even defendants who absconded for years and whose cases remained non-final only because of their own misconduct.

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