March 24, 2026
Court of Appeal, Fourth Appellate District, Division One
The Rule of O'Leary v. Jones is that a party who obtains dismissal of a petition to confirm arbitration award on personal jurisdiction grounds is not a prevailing party under Civil Code section 1717 where the dismissal does not finally resolve the enforceability of the arbitration award and leaves the underlying contract dispute unresolved, under circumstances where the court expressly declines to rule on vacation of the award and the substantive claims may be pursued in another forum.
March 20, 2026
Court of Appeal, Fourth Appellate District, Division Three
The Rule of NNN Capital Fund I, LLC v. Mikles is that lack of standing is a jurisdictional defect that can be raised for the first time on appeal and requires vacation of an arbitration award and remand for factual determination of standing, under circumstances where purported liquidating trustees may not have been properly elected under the company's operating agreement.
January 29, 2026 (certified for publication February 23, 2026)
Court of Appeal, Fourth Appellate District, Division One
The Rule of Ashirwad, LLC v. Michael S. Bradbury et al. is that Civil Code section 1945's presumption of month-to-month tenancy renewal can be rebutted by objective evidence that parties did not mutually agree to continue the lease, even without proof of a new or different agreement, under circumstances where the parties' objective acts and words demonstrate lack of mutual assent despite payment and acceptance of rent.