Sunday Edition · Interim recess · Week of September 14 – September 20, 2026
Governor Gavin Newsom signed a four-bill wildfire recovery package in Altadena on September 15 — creating the nation's first enforceable standards for testing, remediating, and restoring homes damaged by wildfire smoke that never burned. More than 13,000 insurance claims from the January 2025 Eaton and Palisades fires involved smoke damage alone. Until now, no state had required insurers to follow science rather than opinion when determining whether a home is safe to occupy.
4 bills signed · smoke remediation · mortgage forbearance · September 15, 2026
Governor Newsom Signs Wildfire Recovery Package to Strengthen Protections and Focus on Rebuilding for Survivors — Office of the Governor, September 15, 2026Insurance law · wildfire recovery · September 15, 2026
Assemblymember Mike A. Gipson (D-Carson) — author of AB 1795, the Smoke Damage Recovery Act California Protects Families from Hidden Smoke Damage After Wildfires — California Department of Insurance, September 15, 2026For homeowners who have already lost so much in a fire, the last thing a family should have to do is fight for a clear answer about whether it is safe to return home.
Court of Appeal · First District · housing law
No. A172067 · filed September 11, 2026 · Ellis Act preemption · vacancy tax invalidated
San Francisco voters adopted Proposition M — the "Empty Homes Tax Ordinance" — to penalize owners of residential units kept vacant more than 182 days, with annual taxes escalating from $2,500 to $20,000 depending on unit size. Property owners challenged the measure as preempted by the Ellis Act, which protects the right to exit or remain out of the residential rental business. The Court of Appeal agreed: "a residential property owner's right to remain exited from the rental market" cannot be undone "on pain of significant taxation." The court affirmed on Ellis Act grounds alone without reaching the takings claim.
San Francisco Vacancy "Tax" Invalidated: You Can't Be Forced To Rent Your Property — inversecondemnation.com, September 14, 2026Regulatory framework · AB 1795 & AB 1642 · signed September 15
The wildfire recovery package directs DTSC and CARB to develop lead and asbestos testing protocols for homes within wildfire impact zones, and imposes binding obligations on insurers handling smoke-damage claims.
Filed September 16, 2026 — the Ninth Circuit partially reversed a district court order denying a preliminary injunction sought by Blue Lake Rancheria and Chicken Ranch Rancheria of Me-Wuk Indians. The tribes alleged Kalshi's "event contracts" — which pay out based on sports outcomes — constitute Class III gaming conducted on tribal lands in violation of IGRA compacts. The panel held the contracts are "functionally sports bets" and that IGRA, not the Unlawful Internet Gambling Enforcement Act, provides the tribes' cause of action. The court affirmed dismissal of a related Lanham Act claim but remanded the IGRA claim for further preliminary-injunction analysis.
Blue Lake Rancheria v. Kalshi, Inc. — Ninth Circuit, September 16, 2026The Ninth Circuit affirmed dismissal of DMCA § 1202(b) claims against GitHub Copilot and Codex on September 16. Plaintiffs alleged the AI tools reproduced their code without attribution. The panel held that large language models trained on GitHub repositories generate new code outputs — they do not "remove or alter" copyright management information from existing protected works.
Doe 1 v. GitHub, Inc. — Ninth Circuit, September 16, 2026Training data
≠ CMI removal
While plaintiffs had Article III standing based on substantial risk of injury, their "output" theory failed because AI-generated code never contained the copyright management information that § 1202(b) protects. The ruling narrows DMCA remedies for AI training and code-generation tools — a significant precedent as California's AI regulatory framework expands.
Immigration law · multistate litigation · September 14, 2026
0
states plus D.C. challenging expanded public charge rule
Attorney General Rob Bonta filed suit in the Southern District of New York on September 14, arguing the administration's new public charge rule dramatically expands grounds to deny lawful permanent residency based on participation in public benefits programs. The coalition contends the rewrite exceeds statutory authority under the Immigration and Nationality Act and is arbitrary and capricious under the APA — threatening access to preventive healthcare and nutritional assistance for immigrant families across California.
Attorney General Bonta Sues to Block Trump Administration's Cruel New Public Charge Rule — California DOJ, September 14, 2026U.S. District Court · C.D. Cal. · First Amendment · higher education
Defending Education v. Regents of the University of California · Order entered September 19, 2026
U.S. District Judge Fred W. Slaughter temporarily barred the University of California from enforcing portions of its anti-harassment policy against members of the conservative group Defending Education. The court found likely First Amendment violations in prohibiting members from using pronouns or names assigned at birth when referring to transgender individuals. The ruling does not fully invalidate UC's harassment policy — which also covers sexual abuse and stalking — but shields the group's members from misgendering-related discipline while litigation proceeds.
UC Transgender Pronoun Policy Restricted by Judge in Free Speech Case — Los Angeles Times, September 19, 2026Governor Newsom signed Assemblymember Marc Berman's measure extending California's prohibition on materially deceptive audio or visual media in elections — Elections Code § 20010 — from a January 2027 sunset to January 1, 2031. The bill passed the Assembly 76–0 and the Senate 30–6 before enrollment. AB 686 also updates Code of Civil Procedure § 35 to maintain expedited calendaring for election-related deepfake litigation through the extended operative period.
Criminal procedure · First District · speedy trial
The Court of Appeal reversed Monte Adam's misdemeanor battery conviction on September 17, holding the Solano County trial court violated his statutory speedy-trial right under Penal Code § 1382. Adam was arraigned September 12, 2024, with a last-day-for-trial of October 14 — but trial did not commence within the required timeframe after he properly objected to a continuance. Because § 1387 bars refiling of the dismissed misdemeanor charge and Adam was thereafter convicted, the erroneous denial of his dismissal motion was prejudicial. The panel followed the Appellate Division's reasoning in People v. Davisbragdon (2024).
Sep. 12, 2024
Misdemeanor battery under Pen. Code § 242. Adam arraigned; did not waive speedy-trial right.
Oct. 14, 2024
Statutory deadline under § 1382. Adam objected to continuance beyond this date.
Sep. 17, 2026
Panel holds denial of § 1382 dismissal was prejudicial where § 1387 bars refiling. Judgment reversed.
Statutory language · smoke damage presumption · new law
Before AB 1795, smoke-damaged homeowners faced uncertainty about whether contamination resulted from a wildfire — leaving families to negotiate with adjusters over causation while paying mortgages on uninhabitable homes. The new law creates a rebuttable presumption within wildfire impact zones and bars insurers from terminating living-expense coverage until remediation is complete.
Bill-signing season · governor's desk
Oct 12
constitutional deadline · 30 days from adjournment
Following the Legislature's September 1 adjournment, Governor Newsom has until October 12 to sign or veto bills passed before sine die — including SB 574 (attorney AI disclosure, passed both chambers unanimously) and SB 690 (narrowing CIPA pen-register claims). After last week's child safety and wildfire recovery signings, attention shifts to the remaining technology, privacy, and ethics measures still on the governor's desk.
California SB 574: Newsom Decision Deadline October 2026 — The Crossing Report, September 2026Wildfire recovery · mortgage relief · signed September 15
Beyond smoke remediation, the recovery package makes permanent the mortgage forbearance protections Newsom secured from servicers after the LA fires — with enhanced terms for Eaton and Palisades survivors.
Office of the Governor · Mortgage Forbearance Provisions — gov.ca.govJuvenile law · dependency · Second District · September 14, 2026
No. B347812 · Welf. & Inst. Code § 300(d) · substantial evidence affirmed
Crystal G. and Edgar V. appealed jurisdiction findings declaring their children dependents after the juvenile court sustained allegations that Father sexually abused a maternal cousin and Mother failed to protect the children. The Second District affirmed, holding substantial evidence supported the § 300(d) findings and that ordering Father to attend parenting classes was within the court's discretion. The unpublished-but-significant ruling illustrates how cousin-abuse allegations against a non-custodial parent can sustain dependency jurisdiction even when the subject children were not directly victimized.
In re Ellias V., B347812 — Second District, September 14, 2026The Week Ahead · September 21 – September 27, 2026
The interim recess continues, but constitutional deadlines, insurance rate changes, and promised wildfire hearings keep California law in motion.
Monday publication cycle — watch for potential opinions from the September 9 oral argument calendar.
Published/Citable Opinions — Judicial Branch of CaliforniaAssembly leaders pledged fall hearings after SB 492's collapse — structural utility liability reform remains unresolved.
Wildfire Liability Bill Dies Without a Vote — CalMattersParties in the Santa Clara County ICE facility litigation directed to submit proposed preliminary injunction scope order.
California DOJ Press Release — oag.ca.govConstitutional last day for Governor Newsom to sign or veto bills from the 2025–26 session — including SB 574 and SB 690.
Bill Information — leginfo.legislature.ca.gov29.1% average residential rate hike takes effect — wildfire-risk properties face substantially larger increases.
FAIR Plan Rates to Jump 29% This Fall — San Francisco ChronicleAnnual earthquake preparedness drill — seismic retrofit liability and building safety standards may resurface in policy discussions.
Great California ShakeOut — shakeout.org