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.
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.