"The rear-ender is always at fault no matter what" is largely myth. The truth is just that historically it's been very hard to prove you weren't at fault if you hit someone else in the rear. Now, with dashcams becoming more common and people becoming more aware of deliberate-crash scams and road-raging "brake check" incidents, that's starting to change.
It was my understanding that in California, it is (legally) _always_ the rear-ender who is at fault, and not the rear-endee.