California’s Second District Court of Appeal holds that a plaintiff who sues a public entity before the 45-day claims-response period expires cannot cure the defect by voluntarily dismissing and refiling after the claim is denied.
The Second District holds that DCFS satisfied its ICWA initial inquiry duty despite not reaching the maternal grandmother, who was unreachable and whose contact information a relative declined to share.
The Second District Court of Appeal reversed denial of arbitration in a lemon law case, holding that the plaintiff failed to dispute the existence of arbitration agreements in both the lease and the manufacturer’s warranty booklet.
California appellate court holds that a nonsignatory defendant cannot compel arbitration by relying on generic boilerplate agency allegations in an unverified complaint as judicial admissions.
California appellate court reverses juvenile’s commitment to a Secure Youth Treatment Facility because the minor’s most recent offense by date was not a qualifying crime under section 707(b).
California appellate court rules that defendants must be allowed to argue aggravating sentencing factors to a jury, reversing an upper-term firearm enhancement where the trial court denied closing argument on those factors.
Second District holds that an employee’s erratic and irrational behavior at work — including statements about killing his stepmother and inanimate objects laughing at him — did not charge employer with knowledge of a mental disability under FEHA, because disability was not the ‘only reas
The Second District affirmed summary judgment for the City of Long Beach in an e-scooter sidewalk injury case, holding that amended interrogatory responses don’t automatically create triable issues and that the Sweetwater rule for anti-SLAPP evidence does not extend to summary judgment.
The Second District reversed summary judgment for State Farm, finding triable issues on whether a pinhole pipe leak met the policy’s seepage exclusion and whether the insurer acted in bad faith by reversing its own coverage determination.
The Second District vacated a murder conviction because the trial court improperly added and underlined ‘unintentionally’ in the voluntary manslaughter jury instruction, misleading the jury about when heat of passion applies.
The Second District upheld LA’s post-COVID eviction-threshold ordinance as a valid exercise of city police power, but struck down its relocation-assistance mandate as preempted by the Costa-Hawkins Act.
Second District reverses $19,285 in sanctions because the movant’s notice of motion lacked a hearing date, holding that LA County’s electronic filing system does not excuse noncompliance with section 128.7’s mandatory safe harbor provisions.
Second District affirms summary judgment for LAUSD in a COVID-19 vaccine mandate challenge after school safety officers forfeited their appeal by failing to cite any record evidence in their opening brief.
The Second District holds that when a trial court finds a defendant eligible and suitable for mental-health diversion under Penal Code section 1001.36, requiring a no-contest plea as the price of receiving the same treatment via probation directly conflicts with the statute’s purpose.
The Second District affirms a first-degree murder conviction, holding the trial court had no duty to instruct on attempted murder where the defendant’s brutal attack was a substantial factor in the victim’s death even though the victim had grave preexisting heart and liver disease.
The Second District holds that felony false imprisonment based on menace does not require a threat of force greater than necessary to effectuate restraint — a doctrinal clarification that affirms a domestic-violence conviction.
When resentencing a defendant under section 1172.75, the trial court may reimpose an upper term using aggravating facts the defendant already stipulated to — no new jury findings required.
The Second District holds that hearsay testimony from a preliminary hearing is admissible at a section 1172.6 evidentiary hearing if it qualifies as a declaration against penal interest — affirming denial of a gang-shooting resentencing petition.
Second District holds that vacatur of a murder conviction under Penal Code section 1172.6 does not establish an “erroneous conviction” entitling the former defendant to compensation under section 4900, because Senate Bill 1437’s narrowing of murder liability was a legislative act o
Second District reverses judgment on the pleadings in Proposition 65 enforcement action against Kroger and other grocery companies, holding that providing outside counsel contact information in the 60-day notice substantially complies with California Code of Regulations title 27, section 25903.
Second District affirms summary judgment for medical group under the going and coming rule in case where employee struck a bicyclist while turning into a parking lot during her morning commute, holding that the employee’s permission to work from home on certain days did not convert her home in
Second District reverses summary judgment for malicious prosecution defendant, holding that an English-language declaration purportedly reflecting the words of a witness who could not read or speak English is not competent evidence without attestation from a qualified interpreter or translator.
Second District affirms denial of Blue Origin’s motion to compel arbitration of former employee’s FEHA sexual harassment and other claims, holding that the arbitration agreement is both substantively and procedurally unconscionable due to lack of mutuality and one-sided carve-outs, and t
Second District holds that Penal Code section 3051 youth offender parole hearings are constitutional as applied to forcible sex offenders sentenced under section 667.6’s full consecutive sentence scheme, finding that section 3051 did not improperly amend Proposition 83 (Jessica’s Law).