5/4/26
Court of Appeal, Second Appellate District, Division Eight
The Rule of People v. Pineda is that at section 1172.6 resentencing evidentiary hearings, previously admitted hearsay testimony from preliminary hearings is admissible if it meets a current hearsay exception, including the declaration against interest exception when the statements subjected the declarant to risk of criminal liability.
5/5/26
Court of Appeal, Second Appellate District, Division Seven
The Rule of People v. Tourville is that a trial court abuses its discretion in denying mental health diversion based on general public safety concerns beyond the statutory definition of "unreasonable risk of danger to public safety" (risk of committing a super strike), and cannot require a defendant to plead guilty to obtain the same treatment program that would be available under diversion, under circumstances where the court finds the defendant eligible and suitable for diversion under Penal Code section 1001.36.
5/5/26
Court of Appeal, First Appellate District, Division Four
The Rule of Robert Toothman v. Redwood Toxicology Laboratory, Inc. is that a nonsignatory employer cannot compel arbitration under a temporary employment agency's arbitration agreement when the employee's claims arise exclusively from direct employment with the nonsignatory employer that occurred after the agency employment ended, under circumstances where the arbitration agreement defines "Company" to include only the agency and its affiliates, subsidiaries and parent companies, and the claims do not arise out of or relate to employment with the temporary agency.