This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Schulz v. Jeppesen Sanderson, Inc.
When determining whether a proposed fee is reasonable, "[t]he court must give consideration to the terms of any representation agreement made between an attorney and the representative of a minor.
Attorneys 2DCA/1 Oct. 4, 2018
People v. Espinoza
Trial court abused its discretion in denying defendant's motion to withdraw guilty plea because he wasn't sufficiently advised of the severe immigration consequences of his plea, which mandated removal.
Attorneys 2DCA/2 Oct. 2, 2018
Lofton v. Wells Fargo Home Mortgage
An experienced trial judge is the best judge of the value of professional services rendered in his or her court.
Attorneys 1DCA/3 Oct. 2, 2018
People v. Gonzalez
A motion to withdraw a guilty plea under Penal Code Section 1437.7 was correctly denied where defendant failed to satisfy the first prong of the 'Strickland' test for his claim of ineffective assistance of counsel.
Attorneys 4DCA/1 Oct. 1, 2018
Bridgepoint Construction Services v. Newton
Disqualification was automatic when an attorney simultaneously represented one client in a related action and another client in the instant action and the clients had adverse interests.
Attorneys 2DCA/6 Sep. 6, 2018
Sheppard, Mullin etc. v. J-M Manufacturing Co., Inc.
'Informed consent' of simultaneous dual representation can be effected only where firm discloses 'all material facts' that are known and can be revealed; more general conflicts waiver at issue was inadequate. Nonetheless quantum meruit recovery 'not categorically barred.'
Attorneys CASC Aug. 31, 2018
Fluidmaster v. Fireman's Fund Ins. Co.
Case remanded under 'Kirk v. First American Title Ins. Co.' for reevaluation where disqualified attorney departs from mega-firm during pendency of appeal.
Attorneys 4DCA/3 Jul. 26, 2018
Fisher v. State Personnel Board
Dismissal of administrative law judge not abuse of discretion where substantial evidence shows wrongful conduct was egregious, and such 'ethical lapse[s] antithetical to his role as an administrative law judge' were likely to be repeated.
Attorneys 3DCA Jul. 9, 2018
Modification: Abbott Laboratories v. Superior Court
Pursuant to the California Constitution, a District Attorney has no authority to sue on behalf of all Californians; DA merely has jurisdiction over the County he or she serves.
Attorneys 4DCA/1 Jun. 28, 2018
Shame On You Productions v. Banks
District court has discretion to award full costs and fees in a copyright action' pursuant to 17 U.S.C. Section 505
Attorneys 9th Jun. 22, 2018
Ellis v. Harrison
Petition for habeas corpus rejected because African American petitioner could not show his defense counsel's competence was affected by his racist views evidenced by declarations from his daughters.
Attorneys 9th Jun. 8, 2018
Abbott Laboratories v. Superior Court
Pursuant to the California Constitution, a District Attorney has no authority to sue on behalf of all Californians; DA merely has jurisdiction over the County he or she serves.
Attorneys 4DCA/1 Jun. 4, 2018
Magana v. Superior Court (San Mateo)
A trial court did not abuse its discretion when it removed defense counsel to ensure adequate representation; although such authority should be used sparingly.
Attorneys 1DCA/4 May 1, 2018
People v. Arredondo et al.
Prosecutor repeatedly referring to defendants as cockroaches amounts to misconduct, requires reversal of jury's gang findings.
Attorneys 1DCA/4 Mar. 21, 2018
Sali v. Corona Regional Medical Center
Rule of Civil Procedure 37(a) allows court to issue order compelling deposition of nonparty expert witness and impose sanctions upon non-compliant party if witness fails to appear where sanctions are reasonable.
Attorneys 9th Mar. 20, 2018

Opinion
Attorneys Mar. 19, 2018
Heller Ehrman LLP v. Davis Wright Tremaine LLP
Dissolved law firm maintains no property interest in legal matters handled on hourly basis at time of firm's dissolution.
Attorneys CASC Mar. 6, 2018
California Self-Insurers' Security Fund v. Superior Court (Orange)
Petition granted where court must look to whether brief tenure of attorney at plaintiff firm merits disqualification where he previously represented defendants.
Attorneys 4DCA/3 Jan. 30, 2018
People v. Lucero
A trial court is not required to conduct a 'Marsden' hearing to relieve ineffective counsel on its own motion.
Attorneys 4DCA/2 Dec. 18, 2017
Morrill v. Scott Financial Corporation
Court lacks personal jurisdiction over defendant where conduct is not directed toward forum state.
Attorneys 9th Oct. 24, 2017
Lynn v. George
‘Potential’ attorney-client relationship with ‘alleged’ partnership is insufficient to disqualify attorney as counsel.
Attorneys 4DCA/3 Sep. 25, 2017
Roth v. Plikaytis
Failure to consider litigant’s previously filed supported documents incorporated by reference in attorney fee motion results in remand for recalculation of award.
Attorneys 4DCA/1 Sep. 14, 2017
Beachcomber Management Crystal Cove v. Superior Court
Successive representation rules generally do not bar attorney from continuing to represent insider of closely held company in a derivative lawsuit pursuant to ‘Forrest v. Baeza.’
Attorneys California Courts of Appeal Aug. 1, 2017
Decker v. Berryhill
Social Security claimant's application for attorney fees properly denied, where Commissioner's position in opposing remand is substantially justified under Equal Access to Justice Act.
Attorneys May 10, 2017
Gardner v. Berryhill
Commissioner of Social Security position that ALJ correctly determined case based on 'interim' report not justified, as district court was required to consider 'final' report's bearing on whole case.
Attorneys May 10, 2017
Save Our Heritage Organisation v. City of San Diego (Plaza de Panama Committee)
City project proponent cannot win attorney fees despite prevailing on appeal, as opposing party did not seek to 'adversely affect public interest' in challenging revitalization of San Diego's Balboa Park.
Attorneys Apr. 28, 2017
Weeden v. Johnson
Attorney's failure to pursue psychological testing for minor client accused of felony murder constitutes ineffective assistance of counsel, as not pursuing testing is not a 'trial strategy.'
Attorneys Apr. 24, 2017
Broadway Victoria LLC v. Norminton, Wiita & Fuster
Grant of nonsuit proper, where claim for breach of fiduciary duty duplicative of claim for professional negligence.
Attorneys Apr. 21, 2017
McDermott Will & Emery LLP v. Superior Court (Hausman)
Disqualification of law firm appropriate following firm's violation of ethical obligations regarding use of inadvertently disclosed privileged email.
Attorneys Apr. 20, 2017
Goodyear Tire v. Haeger
Award of attorney's fees is abuse of discretion as district court failed to make 'causal connection' between party's failure to comply with discovery requests and legal costs.
Attorneys Apr. 19, 2017