Law Offices of Thomas Ogden — Practitioner Blog2026-09-02T12:00:00Zhttps://appellateattorneycalifornia.com/blog/Thomas OgdenCopyright 2026 Law Offices of Thomas OgdenZunum Aero, Inc. v. The Boeing Companyhttps://appellateattorneycalifornia.com/blog/zunum-aero-boeing-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZOn a petition for panel rehearing raising subject-matter jurisdiction for the first time, the Ninth Circuit held it had appellate jurisdiction despite patent-law counterclaims below.State of California v. United States Bureau of Alcohol, Tobacco, Firearms & Explosiveshttps://appellateattorneycalifornia.com/blog/california-atf-standing-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe Ninth Circuit held that the State of California and the Giffords Law Center lacked Article III standing to challenge 'Example 4' of ATF's Final Rule interpreting the Gun Control Act's definitions of 'frame' and 'receiver,' because neither plaintiff's evidence established that Example 4 caused their claimed injuries.Przybocki v. United States Department of Agriculturehttps://appellateattorneycalifornia.com/blog/przybocki-usda-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZIn a First Amendment challenge to FDA and USDA regulations barring 'FODMAP' nutrient-content claims on food labels, the Ninth Circuit reversed the district court's dismissal — for lack of Article III standing — of the plaintiffs' claims against the FDA and of one plaintiff's claims against the USDA, addressing two distinct standing postures in a single opinion.People v. SanMiguelhttps://appellateattorneycalifornia.com/blog/sanmiguel-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZIn its first opinion construing Code of Civil Procedure section 231.7's behavior-based peremptory-challenge provisions (subdivision (g)), the California Supreme Court held two things.People v. Hyatthttps://appellateattorneycalifornia.com/blog/hyatt-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe California Supreme Court held, first, that a magistrate's order dismissing a felony complaint is a dismissal in a 'felony case' appealable to the Court of Appeal under Penal Code sections 1235 and 1238, subdivision (a)(8), even though the complaint was never converted into an information or indictment; the Court disapproved People v.People v. Hernandezhttps://appellateattorneycalifornia.com/blog/hernandez-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZOn independent review of a Penal Code section 1473.7, subdivision (a)(1) motion to vacate a guilty plea, the California Supreme Court held that courts must consider the totality of the circumstances and focus on the defendant's actual subjective understanding of the plea's immigration consequences — not merely whether the required section 1016.5 advisement was administered and acknowledged on a plea form.People v. Esquiviashttps://appellateattorneycalifornia.com/blog/esquivias-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe California Supreme Court held that a habeas corpus court's grant of partial sentencing relief — here, striking firearm enhancements retroactively available under Senate Bill No.People of the State of California v. Meta Platforms, Inc.https://appellateattorneycalifornia.com/blog/people-v-meta-platforms-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe Ninth Circuit held it lacked appellate jurisdiction over Meta's (and TikTok's) interlocutory appeals from district court orders partially denying their motions to dismiss on Communications Decency Act § 230 grounds, because such orders are not immediately appealable collateral orders under 28 U.S.C.Maniago v. Desert Cardiology Consultants' Medical Group, Inc.https://appellateattorneycalifornia.com/blog/maniago-desert-cardiology-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe California Supreme Court held that a plaintiff's voluntary dismissal of an action is not an appealable judgment unless the trial court has already reached a final resolution on every claim in the case.Hickenbottom v. Medical Solutions LLChttps://appellateattorneycalifornia.com/blog/hickenbottom-medical-solutions-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe Fourth District held that a party's second motion to compel arbitration — filed after an identical first motion was denied — was a "renewed" motion under Code of Civil Procedure section 1008(b), even though the second motion relied on a different arbitration agreement in a different contract.Gharraee v. Trader Joe's Companyhttps://appellateattorneycalifornia.com/blog/gharraee-trader-joes-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe Fifth District held that a superior court's local rule mandating electronic filing in civil cases while categorically excluding notices of appeal and other "appeal-related documents" — via a website-published exceptions list rather than a rule specifying case types or categories — is inconsistent with California Rules of Court, rule 2.253, which authorizes courts to mandate e-filing only by category of civil action, not to mandate e-filing generally and then carve out particular document types.Doe v. Marysville Joint Unified School Districthttps://appellateattorneycalifornia.com/blog/doe-marysville-school-district-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe California Supreme Court held that Federal Rule of Civil Procedure 41(a)(1)(B) — the 'two-dismissal rule,' under which a second voluntary dismissal of the same claim 'operates as an adjudication on the merits' — is a federal procedural rule governing only the internal effect of dismissals within the federal court system.Ari Law P.C. v. Autonation.com, Inc.https://appellateattorneycalifornia.com/blog/ari-law-autonation-2026-bulletin/2026-09-02T12:00:00Z2026-09-02T12:00:00ZThe First District held that the safe harbor notice provisions of Code of Civil Procedure sections 128.5 and 128.7 do not require the served notice of motion for sanctions to specify an exact hearing date, at least where local court procedure (as in San Mateo County) does not assign a hearing date until the motion is filed.