News & Analysis as of

California Appellate Courts

Best Best & Krieger LLP

CA Supreme Court Scales Back Judicial Deference for CPUC Decisions

On August 7, 2025, the California Supreme Court (the Court) issued Opinion S283614 in the case Center For Biological Diversity, Inc. v. Public Utilities Commission regarding the degree of deference that courts should afford...more

Perkins Coie

Failure to Timely Join an Indispensable Party Identified After CEQA Suit was Filed Mandated Dismissal

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The Court of Appeal held upheld the dismissal of a CEQA action for failure to timely name a developer that became a real party in interest during the pendency of the action. Citizens for a Better Eureka v. City of Eureka, 111...more

White & Case LLP

Ninth Circuit Relaxes Standard for Pleading Federal Trade Secrets Claims in California

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In California trade secrets cases, parties almost always fight about the scope of alleged trade secrets because a state statute requires identification of secrets “with reasonable particularity” before discovery. But in...more

Proskauer - California Employment Law

California Supreme Court Saves but Guts Anti-Arbitration Statute

In Hohenshelt v. Superior Court, the California Supreme Court held that California Code of Civil Procedure Section 1281.98—a do-or-die statute requiring employers to pay arbitration fees within 30 days or waive the right to...more

DLA Piper

Legal Shopping Spree Continues in Internal Affairs Disputes: Key Case Developments

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The first half of 2025 saw numerous developments in the strategies and counterstrategies between corporations and their stockholders in efforts to find the most favorable law and courts to decide disputes between them....more

Foley & Lardner LLP

Federal Trade Secret Plaintiffs Are Not Required to Identify Their Trade Secrets with Particularity Before Beginning Discovery,...

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In a recent decision, Quintara Biosciences, Inc. v. Ruifeng Biztech Inc., No. 23-16093, 2025 WL 2315671 (9th Cir. Aug. 12, 2025), the Ninth Circuit found that a plaintiff bringing claims under the Defend Trade Secrets Act...more

Downey Brand LLP

California Supreme Court Overrules Chevron-like Deference For Review of Decisions of California Public Utilities Commission

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On August 7, 2025, the California Supreme Court issued its decision in Center For Biological Diversity v. California Public Utilities Commission. The decision reversed the decision of a lower appellate court which had...more

Mayer Brown

California Supreme Court Narrows Statute Governing Timely Payments of Arbitration Fees in an Attempt to Avoid Federal Preemption

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On August 11, 2025, the California Supreme Court decided Hohenshelt v. Superior Court, which addresses whether the Federal Arbitration Act (FAA) preempts a California statute known as Senate Bill 707 (SB 707) that regulates...more

Seyfarth Shaw LLP

The FAA Does Not Preempt the CAA’s Timely Pay Provisions

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The California Supreme Court ruled that the Federal Arbitration Act (FAA) does not preempt the California Arbitration Act (CAA) provisions that require the drafter of the arbitration agreement to pay all arbitration invoices...more

Clark Hill PLC

No early exit in federal trade secrets misappropriation cases

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In an important clarification of federal trade secret litigation, the Ninth Circuit in Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc. recently rejected the argument that a plaintiff suing under the federal law (DTSA)...more

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

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The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Husch Blackwell LLP

$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues

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A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more

Stoel Rives LLP

California Supreme Court Clarifies Standard of Review for CPUC Decisions

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On August 7, 2025, the California Supreme Court issued its decision in Center for Biological Diversity, Inc. v. Public Utilities Commission (Cal., Aug. 7, 2025, No. S283614), 2025 WL 2253765 (Center for Biological Diversity)....more

Goldberg Segalla

‘Berth Control’ — California’s War on Idle Emissions

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California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date....more

Jackson Lewis P.C.

California Court of Appeal Clarifies Sick Leave Calculation for Outside Sales Employees

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A recent California Court of Appeal decision provides clarity for employers with commissioned outside sales employees. In Hirdman v. Charter Communications, the court confirmed that employers may calculate paid sick leave for...more

Clark Hill PLC

Doing the right thing: Playing fair with the involuntary pro se litigant

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Abraham Lincoln once famously said that “He who represents himself has a fool for a client.” While this statement has been demonstrated to be true more often than not, what happens when (1) the pro se representation is not...more

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Proskauer - California Employment Law

“Headless” PAGA Action May Proceed In Court

CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (Cal. Ct. App. 2025) - Espiridion Sanchez filed this PAGA action against his former employer on behalf of himself and other allegedly “aggrieved employees.”...more

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

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While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Littler

Courts Clarify California Whistleblower Law

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Earlier this month, the Court of Appeal and the California Supreme Court provided helpful guidance on whistleblower retaliation cases. The Court of Appeal addressed who is a prevailing party entitled to fee and cost recovery...more

Clark Hill PLC

California’s Fourth Appellate District provides much-needed clarity for summary judgment motions

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In the landscape of California civil litigation, few procedural devices carry the weight, complexity, and consequence of a motion for summary judgment (MSJ). Governed by California Code of Civil Procedure § 437c (which sets...more

Haight Brown & Bonesteel LLP

Timely Filed, Wrongly Rejected: Court of Appeal Reinforces Summary Judgment Rights

In CFP BDA, LLC v. Superior Court (2025), the California Court of Appeal, Fourth Appellate District, Division Two (Riverside), issued a published opinion that clarifies a recurring procedural dilemma in civil litigation:...more

Snell & Wilmer

Ninth Circuit Strikes Down California’s One-Gun-a-Month Law

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In Nguyen v. Bonta, the Ninth Circuit Court of Appeals addressed the constitutionality of California’s “one-gun-a-month” law, which prohibits purchasing more than one firearm within a 30-day period. The Court affirmed the...more

Seyfarth Shaw LLP

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

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The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more

Haight Brown & Bonesteel LLP

California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more

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