Litigation Cases
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Coverage since January 1, 2026

Litigation

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People v. Landrine — Defendant Cannot “Satisfactorily Perform” Mental Health Diversion Without Substantially Complying with Diversion Requirements

Sixth District reverses dismissal of multiple criminal cases under Penal Code section 1001.36 mental health diversion, holding that a defendant who commits several dozen new crimes during diversion has not substantially performed the diversion requirements regardless of progress made afterward.

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Paknad v. Superior Court — Employer’s Avoidable Consequences Defense Waives Work Product Protection for Investigator’s Factual Findings

Sixth District grants second writ of mandate, holding that an employer that raised the avoidable consequences defense waived work product protection over the investigator’s factual findings, and that allowing redactions of all factual findings exceeded the scope of any remaining work product p

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Zenith Insurance Co. v. Workers’ Compensation Appeals Board — WCAB Lacked Jurisdiction to Grant Reconsideration After 60-Day Statutory Deadline

Sixth District reverses a Workers’ Compensation Appeals Board reconsideration order, holding the Board exceeded its jurisdiction by granting reconsideration after the former section 5909 60-day deadline ran and that the narrow grounds for equitable tolling were not satisfied.

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Santa Clara Valley Water District v. Eisenberg — Preliminary Injunction Compelling Director to Return Confidential Investigation Reports Affirmed

Sixth District affirms a mandatory preliminary injunction compelling a sitting Santa Clara Valley Water District board member to return two confidential investigation reports she removed from district facilities, holding the claim-and-delivery law did not bar parallel injunctive relief.

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