The Ninth U.S. Circuit Court of Appeals yesterday ordered that a sentence be vacated because it was enhanced based on a threat to a witness without the judge making the requisite finding that the defendant “wilfully” obstructed or attempted to obstruct justice, drawing a dissent saying that the subjective intent is so clear from the evidence that any error is harmless.

(Subscription required) Judge Jeffrey S. Ross is considering a joint trial of separate tax refund lawsuits by Uber and Lyft against the City and County of San Francisco, citing overlapping evidence and claims totaling about $175 million, while stopping short of formally consolidating the cases.

A financial elder abuse law that permits only prevailing plaintiffs to recover attorney fees does not bar the recovery of costs associated with defending against competing undue influence claims so long as the expenses are inextricably intertwined with those associated with the prosecution of his causes of action, Div. One of the Fourth District Court of Appeal held yesterday.

Div. Three of the Fourth District Court of Appeal has reversed a $3.5 million wrongful death judgment awarded to the mother of a 19-year-old teenager killed by police during a traffic stop in Orange County due to the trial judge’s error in instructing the jury on the use of deadly force by officers based on a legal standard not yet in effect at the time of the fatal incident.