Articles Posted in California State Law

On Thursday, August 26, 2021, the Supreme Court of California issued a ruling in People v. McDaniel, establishing precedent that jury unanimity and reasonable doubt do not apply to the sentencing phase in California criminal law cases where the death penalty is warranted.


On Friday, July 16, 2021, DoorDash and Grubhub filed a complaint against the City and County of San Francisco in the U.S. District Court, Northern District of California, claiming that the recently introduced permanent cap on additional fees for app-based delivery orders is unconstitutional.


Rideshare drivers are classified as independent contractors rather than employees, so they are not entitled to health care coverage through Uber except in California, as provided by a distinctive state law.


On Friday, April 9, 2021, the United States Supreme Court voted 5-4 to grant an application for injunctive relief in Ritesh Tandon, et al v. Gavin Newson, Governor of California, et al. The lawsuit concerns California's restrictions on at-home religious gatherings during the COVID-19 pandemic. The Ninth Circuit Court of Appeals previously denied the request for an injunction. This marks the fifth time that the Supreme Court has rejected the Ninth Circuit's analysis of California's COVID-19 restrictions on religious exercise.


The court determined that the law prohibiting secret recordings of phone calls covers parties to a call as well as third parties who are eavesdropping on it.


On Wednesday, October 7, 2020, the First District Court of Appeal in California ruled that California law prevents anyone from recording either side of a phone conversation without both parties' consent. San Francisco attorney Eric Gruber previously filed suit against Yelp, Inc., alleging violations of the California Invasion of Privacy Act ("CIPA") (Pen. Code, § 630 et seq.) for recording conversations between himself and Yelp sales representatives without his notice or consent. The trial court ruled in Yelp's favor on a motion for summary judgment, finding no triable issues as to whether Yelp violated CIPA. The First District Court of Appeal reversed and remanded the trial court's decision.


During the coronavirus pandemic, California joined many other states in adjusting court procedures to reduce the risk of spreading the virus. Now, Governor Gavin Newsom has signed a law that will make some of these reforms permanent. The law takes effect immediately. Depositions now may be taken remotely rather than in…


On Thursday, August 24, 2020, U.S. District Court Judge Yvonne Gonzalez Rogers issued a ruling on Epic Games, Inc.'s request for temporary restraining order against Apple Inc. The order grants Epic Games' request for a temporary restraining order against Apple from restricting, suspending, or terminating any affiliate of Epic Games from Apple's Developer Program. However, the order denies Epic Games' request for a temporary restraining order against Apple's ban of Epic Games' videogame, Fortnite, from Apple's App Store.


Tesla alleges that former Tesla employees who now work at Rivian brought confidential and proprietary information to their new jobs.


In what is believed to be the first settlement of its kind in the country, Sutter Health has agreed to pay $575 million and be the subject of ongoing monitoring in a class action antitrust lawsuit. The action, which was brought by the California Attorney General, unions, and employers, alleged anti-competitive conduct by the large Northern California health system, and represented renewed interest in major health care providers using their market share to discourage competition.