California Legal Brief

The Rule of Benjamin Woodhouse v. The State Bar of California et al. is that trial courts have inherent authority to dismiss complaints that assert fantastic, delusional, or fanciful scenarios that have no arguable basis in law or fact, and may declare such plaintiffs vexatious litigants, under circumstances where the complaint presents allegations that no reasonable person would classify as within the realm of possibility.

The Rule of Fix the City, Inc. v. City of Los Angeles is that a charter city may enact an ordinance establishing a local housing and/or homelessness emergency that confers mayoral powers to address conditions within the city's territory, under circumstances where the ordinance defines different types of emergencies and powers than those provided in the California Emergency Services Act and does not conflict with CESA's coordination and mutual aid framework.

The Rule of People v. Morgan is that assault is not a lesser included offense of resisting an executive officer by use of force or violence under Penal Code section 69(a), under circumstances where the defendant's forceful resistance does not require a "present ability" to commit violent injury as required for assault.

The Rule of Fisher v. Fisher is that intentional infliction of emotional distress can be the legal cause of a wrongful death when the tortious conduct is a substantial factor in causing severe emotional distress that leads to the victim's death, under the broader scope of liability standard applicable to intentional torts rather than the narrower "scope of risk" standard used for negligence.

The Rule of People v. Gonzalez is that Assembly Bill No.

The Rule of J.S. v. D.A. is that indigent inmates in bona fide civil actions that threaten their interests have a right to meaningful access to the courts to be heard in their defense, and trial courts must address and rule on such requests before proceeding without the inmate, under circumstances where an incarcerated defendant requests court assistance to participate in proceedings and the court has notice of the incarceration.

The Rule of In re Christian V. is that a juvenile case becomes final for Estrada retroactivity purposes when the time to appeal the dispositional order expires or direct review is exhausted, regardless of whether the minor remains on probation or whether subsequent post-judgment orders are entered, under circumstances where the minor did not timely appeal the original dispositional order.

The Rule of Jogani v. Jogani is that an expert's undisclosed opinion regarding lost profits cannot be admitted at trial without prior disclosure, under circumstances where the opinion concerns a specific damages calculation ($1.98 billion in alleged lost investment profits) that was never disclosed in discovery.

The Rule of Environmental Health Advocates, Inc. v. Pancho Villa's, Inc. is that Proposition 65's pre-suit notice requirements are given directory effect and substantial compliance is the governing test, under circumstances where technical deviations from specific notice requirements do not undermine the core purposes of enabling prosecuting agencies to assess potential enforcement actions, allowing violators to cure violations, and defining the scope of the private party's right to sue.

The Rule of Flareau is that a trial court abuses its residual discretion when denying mental health diversion based on finding that other factors were "more" motivating than the defendant's mental disorder, under circumstances where the defendant is eligible for diversion and the mental disorder was at least a contributing factor to the offense.

The Rule of Haun v. Pagano is that a successful petitioner may recover attorney's fees under Welfare and Institutions Code section 15657.5(a) for prosecution of a financial elder abuse claim even when those fees are inextricably intertwined with defending against a competing elder abuse claim, under the circumstances where the petitioner is seeking fees as a prevailing plaintiff under the unilateral fee-shifting provision rather than as a prevailing defendant under a bilateral fee provision.

The Rule of The People v. T.B. is that "no less onerous alternatives" in Penal Code section 2679(b) refers to medical alternatives to the proposed organic therapy, not to alternative procedural methods of obtaining consent, under circumstances where an inmate patient lacks capacity to consent to electroconvulsive therapy and the court must authorize nonconsensual ECT.

The Rule of Nichols v. Alghannam is that the MICRA statute of limitations (Code Civ.

The Rule of Bagby v. Davis is that California law applies to collection actions in California courts regardless of where the judgment debtor lives, and that a voluntarily surrendered life insurance policy is treated as matured (not exempt) unless the proceeds are necessary for the debtor's support, under circumstances where the debtor seeks exemption from levy on accounts funded by surrendered insurance policy proceeds.

The Rule of Diaz v. Thor Motor Coach is that forum selection clauses in motorhome warranties are unenforceable as unconscionable when they are part of warranty agreements containing other illegal provisions that violate California's Song-Beverly Consumer Warranty Act, even when the manufacturer offers to stipulate not to enforce the illegal provisions in the out-of-state forum.

The Rule of *People v. Alston* is that under Code of Civil Procedure section 231.7, a trial court must expressly explain its reasons on the record when ruling on an objection to a peremptory challenge, including making findings on whether presumptively invalid reasons were rebutted by clear and convincing evidence, under circumstances where the prosecutor's stated reasons for the challenge include distrust of law enforcement by a prospective juror who is a member of a cognizable group.

The Rule of People v. Dixon is that grand jury proceeding transcripts and police reports containing witness statements are inadmissible at Penal Code section 1172.6 evidentiary hearings, under circumstances where the defendant had no opportunity to cross-examine witnesses and the documents constitute multiple levels of hearsay without applicable exceptions.

The Rule of People v. Flores is that an electronics search condition for probation is constitutional and reasonable when the defendant used electronic devices as integral tools in the commission of the underlying offense, under circumstances where the defendant used internet-based platforms and VOIP technology to facilitate drug sales and conceal their identity.

The Rule of The People v. Zapata is that when a suspect invokes and does not waive the right to counsel, and a known law enforcement officer continues to "stimulate" a Perkins operation in a manner that amounts to a custodial interrogation, the suspect's resulting incriminating statements are inadmissible, under circumstances where the known officer's actions were reasonably likely to elicit an incriminating response and created a police-dominated atmosphere of compulsion.

The Rule of In re Reyna R. is that a juvenile court errs in ordering a parent to pay for professional visitation monitoring without first considering the parent's ability to pay or reasonable alternatives when the parent raises a timely objection based on financial inability, under circumstances where the parent objects to professional monitoring costs at the exit order hearing.