People v. Hazlett: The California Racial Justice Act Does Not Reach Peremptory Challenges (and Race-Inflected Trial Themes Require Prejudicial Effect for Relief) Supreme Court of California — August...
Workers’ Compensation Reconsideration Deadlines: The WCAB Cannot Equitably Toll Its Own Former Labor Code § 5909 60-Day “Deemed Denied” Period 1. Introduction In Mayor v. Workers' Comp. App. Bd. &...
Independent Trial-Court Factfinding Governs Necessity Challenges in Utility Condemnations Under the 1992 Rebuttable-Presumption Amendments 1. Introduction Town of Apple Valley v. Apple Valley Ranchos...
§ 1473.7(a)(1) Relief: “Error” Is Measured by the Defendant’s Subjective Understanding Under the Totality of Circumstances—A § 1016.5 Advisement (Even Signed and Initialed) Is Not Dispositive Case:...
People v. Shove: Hybrid Batson/Wheeler Review Permits Stage-One Analysis for an Unexplained Strike While Applying Stage-Three Review to Other Explained Strikes 1. Introduction People v. Shove (Cal....
Government Claims Act Field Preemption Bars Local Administrative Exhaustion Prerequisites for Local Tax Refund Claims I. Introduction Tesoro Refining & Marketing Company LLC v. City of Carson (Cal....
Implied In Forma Pauperis Exception to Government Code § 69957: Mandatory Electronic Recording When No Court Reporter Is Available I. Introduction Family Violence Appellate Project v. Superior Court...
Plenary Pension-Board Authority Under Article XVI, Section 17 Does Not Include Setting County Civil Service Classifications or Salaries Under CERL Introduction In Los Angeles County Employees...
New Rules from People v. Hyatt (Cal. 2026): (1) Section 1381 Demands Are Premature Until Actual Delivery to CDCR Custody; (2) Magistrate Dismissal of a Felony Complaint Is an Appealable “Felony Case”...
Alternative-Choice Section 998 Offers: Validity Requires Clear Structure and at Least One Valuable, Certain Alternative 1. Introduction In Gorobets v. Jaguar Land Rover North America, LLC (Cal. Aug....
No Negligence Duty to Accelerate Development/Commercialization of an Unapproved “Safer” Drug When the Marketed Drug Is Concededly Nondefective Case: Gilead Tenofovir Cases (Supreme Court of...
People v. SanMiguel: Section 231.7(g) Requires a Functional Case-Relevance Explanation for Demeanor Strikes, and (In)Validity Is Not Dispositive of the Ultimate Discrimination Inquiry I. Introduction...
Excess Insurers Cannot Demur Solely for Non-Exhaustion: Declaratory Relief and Bad-Faith Claims May Proceed Upon Adequate Allegations of Covered Loss and Likely Attachment Case: Fox Paine & Co, LLC...
PEPRA § 31461(b)(2): Annual Leave Cashout Caps Apply Despite “Straddled” Final Compensation Periods Case: Ventura Cty Emp Ret Assn v. Crim J Atty Ret Assn Ventura Cty (Cal. Supreme Ct., July 27,...
Conservatorship of E.A.: Applying Barker v. Wingo to LPS Conservatorship Trial Delays—and Holding Delay-Based Due Process Violations Are Not Structural (Harmless Beyond a Reasonable Doubt Review...
Voluntary Dismissal Before Any Claim Is Finally Resolved Is Not Appealable and Forfeits Review of Interlocutory Orders I. Introduction In Maniago v. Desert Cardiology Consultants' Medical Group, Inc....
In re Spielbauer: Disciplinary Restitution to Nonclients Is Proper for Specific Out-of-Pocket Losses Even if the Underlying Harm Sounds in Tort 1. Introduction Case: In re Spielbauer (Supreme Court...
“Imposed” Under Penal Code § 1172.75 Includes Prior Prison Term Enhancements Whose Punishment Was Stricken Case: People v. Espino (Cal. July 2, 2026) S286987 Court: Supreme Court of California...
Rule 41(a)(1)(B) “Two-Dismissal Rule” Bars Only Refiling in Federal Court, Not a Later State-Court Action I. Introduction In Doe v. Marysville Joint Unified School District (Cal. July 2, 2026,...
“Proceedings” in Penal Code § 2900.5(b) Means a Single Criminal Case: No Automatic Cross-Case Pooling of Presentence Custody Credits People v. Cofer (Cal. June 25, 2026) — Supreme Court of California...