Fourth District affirms denial of a Song-Beverly plaintiff’s attorney-fee motion as untimely, holding the motion had to be served within 180 days of the court-ordered dismissal date even though the parties had not formally filed a dismissal.
Fourth District affirms a felony arson conviction but reverses the state-of-emergency sentencing enhancement, holding the 2015 tree-mortality emergency proclamation did not extend statewide and the prosecution failed to prove the fire was in a designated hazard zone.
Fourth District reverses a second-degree-murder conviction, holding that statements obtained from a defendant during an undercover Perkins operation were inadmissible under Miranda because the suspect had invoked his right to counsel and a known law-enforcement officer continued to ‘stimulate&
Fourth District reverses summary judgment for Wal-Mart, holding California’s Investigative Consumer Reporting Agencies Act allows employees to recover the $10,000 statutory damages award for ICRAA disclosure violations without proving any concrete injury such as an adverse employment decision.
Fourth District affirms convictions but remands for resentencing in a vehicle-theft case, holding the prosecutor’s and defense counsel’s use of a ‘dog drinking a slushy’ analogy to explain circumstantial evidence did not violate the Racial Justice Act.
Fourth District reverses a defense judgment in a Song-Beverly action against Kia, holding the trial court abused its discretion by accepting Kia’s false verified discovery responses about engine-defect records and failing to impose terminating sanctions when the falsity was revealed.
Fourth District reverses denial of a preliminary injunction by a licensed sidewalk vendor against the City of San Diego, holding that at least two of the City’s vending ordinances — covering impoundment of merchandise and operating-hour restrictions — directly conflict with state sidewalk-vend
Fourth District holds that a party who wins a discrete court petition to appoint a new arbitrator is the prevailing party in that proceeding and is entitled to attorney fees under the underlying contract, even though the parties’ substantive disputes remained pending in arbitration and a paral
Fourth District reverses a preliminary injunction that had blocked San Bernardino County from awarding its exclusive EMS contract to a fire-services bidder over incumbent AMR, holding the County retained discretion to weigh proposals and was not required to advance only the highest-scoring bid.
Fourth District reverses a multi-count conviction because the trial court accepted, without substantial supporting evidence, the prosecution’s stated reason for striking the only Latina juror under amended Code of Civil Procedure section 231.7.