For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
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...
Daily appellate reports
Sign up for Daily Journal emails
    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
People v. Superior Court (Smith)
Pursuant to Welfare and Institutions Code Section 6603(j), district attorney was entitled to review treatment records supporting an updated or replacement evaluators' opinions about petitioner's suitability for designation as Sexually Violent Predator. 		Evidence CASC Dec. 14, 2018
People v. Burton
False statement juror instruction CALCRIM No. 362's reference to the 'charged crime' does not improperly suggest to juror that false statements demonstrate consciousness of guilt of most serious charged crime. 		Evidence 3DCA Dec. 5, 2018
People v. Phea
CALCRIM No. 1191 requires Evidence Code Section 1108 evidence be proved by a preponderance of the evidence, but does not reduce the prosecution's burden of proof as to any charged offenses. 		Evidence 3DCA Nov. 30, 2018
Morgan v. Davidson
Under Evidence Code Section 1987(c), respondent was not required to provide the court with appellant's financial condition because appellant failed to comply with the notice to produce financial documents. 		Evidence 4DCA/2 Nov. 29, 2018
Modification: Hart v. Keenan Properties
Foreman's testimony regarding invoices purporting to show defendant supplied asbestos-cement pipes was inadmissible hearsay; wording on invoices were out of court statements offered to prove the truth of the matter asserted. 		Evidence 1DCA/5 Nov. 27, 2018
Hart v. Keenan Properties
Foreman's testimony regarding invoices purporting to show defendant supplied asbestos-cement pipes was inadmissible hearsay; wording on invoices were out of court statements offered to prove the truth of the matter asserted. 		Evidence 1DCA/5 Nov. 21, 2018
Modification: People v. Randolph
Per 'Leahy' and 'Joehnk,' experienced law enforcement officers may present expert testimony as to field sobriety test and its implications. 		Evidence 5DCA Nov. 16, 2018
People v. Garcia
Expert testimony on eyewitness identifications may be excluded when there is ample other evidence to substantially corroborate a witness' identification of a defendant. 		Evidence 4DCA/2 Nov. 5, 2018
People v. Randolph
Per 'Leahy' and 'Joehnk,' experienced law enforcement officers may present expert testimony as to field sobriety test and its implications. 		Evidence 5DCA Oct. 24, 2018
People v. Megown
Defendant's uncharged prior acts of domestic violence were admissible under Evidence Code Section 1109 with respect to cohabitant's mother because cohabitant was present; thus, the circumstances of these crimes involved domestic violence. 		Evidence 4DCA/1 Oct. 15, 2018
People v. Gutierrez
Trial court did not err by allowing the prosecution to impeach defendant with evidence that he took a car without the owner's permission because it was conduct involving moral turpitude. 		Evidence 4DCA/2 Oct. 11, 2018
Shenouda v. Veterinary Med. Bd.
Appellant failed to identify the factual findings he was challenging and provided few citations to the administrative record to support his argument; thus he forfeited his assignment of error. 		Evidence 2DCA/4 Sep. 25, 2018
Modification: People v. Banda
Pursuant to Health and Safety Code 11361.8(b), in a petition for relief for persons with prior marijuana convictions, the court could consider evidence beyond the record of conviction. 		Evidence 2DCA/7 Sep. 20, 2018
Coyne v. De Leo
A tenant who believes the landlord's invocation of the Ellis Act is phony may controvert the landlord's statement of intent by producing evidence of an alleged sham purchase contract and deed of trust. 		Evidence 1DCA/5 Aug. 30, 2018
People v. Banda
Pursuant to Health and Safety Code 11361.8(b), in a petition for relief for persons with prior marijuana convictions, the court could consider evidence beyond the record of conviction. 		Evidence 2DCA/7 Aug. 22, 2018
U.S. v. Fomichev
'Sham marriage' exception improperly invoked to deny defendant's suppression motion based on marital communications privilege, where government placed wire on wife of suspected immigration fraudster. 		Evidence 9th Aug. 9, 2018
Belfiore-Braman v. Rotenberg
Trial court does not err in precluding expert testimony on causation where it is 'too speculative' to present to the jury. 		Evidence 4DCA/1 Jul. 16, 2018
People v. Williams
23-year-old conviction improperly admitted to prove defendant's intent in present-day murder case, where facts and defendant's motivation are meaningfully different in earlier case. 		Evidence 3DCA May 17, 2018
Apple Inc. v. Superior Court
Traditional admissibility of expert evidence standard applies to expert opinion evidence given in support of motion for class certification. 		Evidence 4DCA/1 Jan. 31, 2018
Patricia A. Murray Dental Corp. v. Dentsply International, Inc.
Evidence supports ruling that class of dentists were not likely to be misled by sued-over directions on medical device. 		Evidence 1DCA/4 Jan. 12, 2018
U.S. v. Diaz
Expert testimony not impermissible legal opinion where expert's terms have no specialized legal meaning and do not 'instruct the jury on law or how to apply law.' 		Evidence 9th Dec. 7, 2017
People v. Gallardo
It is prejudicial error to admit into evidence a co-defendant's statement made against their penal interest inculpating other co-defendants where close evidentiary questions otherwise exist. 		Evidence 2DCA/7 Dec. 7, 2017
City of Pomona v. SQM North America Corp.
In action alleging contamination of water supply, city wins new trial due to district court’s abuse of discretion with respect to both admission and exclusion of experts’ testimony. 		Evidence 9th Aug. 8, 2017
IAR Systems Software Inc. v. Superior Court (Shehayed)
Trial court errs in finding law firm representing crime victim is part of prosecution team for purposes of 'Brady' disclosure requirements. 		Evidence Jun. 6, 2017
Wendell v. GlaxoSmithKline LLC
In case alleging defendants' drugs caused rare cancer, district court errs in excluding plaintiffs' expert testimony as unreliable. 		Evidence Jun. 4, 2017
Behunin v. Superior Court (Schwab)
Communications between PR firm hired by lawyer for client to create website not privileged by attorney-client relationship, as website was not essential to lawyer's representation of client. 		Evidence Mar. 16, 2017
U.S. v. Lindsey
Evidence of broad industry standards pertaining to mortgage applications with false financial information may be introduced to challenge materiality of such information in wire fraud case. 		Evidence Feb. 28, 2017
Sanchez v. Kern Emergency Medical Transportation Corp.
Summary judgment in favor of ambulance company affirmed, where plaintiff's expert witness' statements properly excluded and plaintiff cannot demonstrate triable issue of material fact. 		Evidence Feb. 17, 2017
Sanchez v. Kern Emergency Medical Transportation Corp.
Summary judgment in favor of ambulance company affirmed, where plaintiff's expert witness' statements properly excluded and plaintiff cannot demonstrate triable issue of material fact. 		Evidence Feb. 6, 2017
People v. Stamps
Expert testimony identifying drug through online comparison inadmissible hearsay under 'People v. Sanchez.' 		Evidence Oct. 31, 2016
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.