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
People v. Henderson
Applying law limiting superior courts' discretion passed after criminal conviction was final did not violate ex post facto principles because the ameliorative resentencing process could not hurt the defendant.
Criminal Law and Procedure 2DCA/7 Apr. 21, 2025
Modification: People v. Jackson
Trial court committed prejudicial error in ruling Defendant met current requirements for felony murder when it primarily based its ruling on jury's special circumstance findings based on former instructions.
Criminal Law and Procedure 1DCA/2 Apr. 21, 2025
Carachure v. City of Azusa
Parties seeking to challenge constitutionality of city's sewer and sanitation fees did not need to pay under protest and exhaust administrative remedies before bringing the action.
Civil Procedure, Constitutional Law 2DCA/7 Apr. 17, 2025
Fuson v. Office of Navajo and Hopi Indian Relocation
Navajo-Hopi Settlement Act relocation funds denial was arbitrary and capricious when Hearing Officer failed to address information regarding residency provided by the Bureau of Indian Affairs.
Native American Affairs 9th Apr. 17, 2025
People ex rel. Soto v. Group IX BP Properties
Government Code provision prohibiting ordinances that penalize landlords solely due to their contact with a law enforcement did not bar State's public nuisance action against property managers.
Government, Real Property 2DCA/4 Apr. 18, 2025
Golden State Boring v. Astaldi Construction
Subcontractor neither listed in original bid nor performing work exceeding threshold value was not entitled to statutory protections against substitution by the prime contractor.
Contracts 4DCA/3 Apr. 18, 2025
Medtronic USA v. California Dept. of Tax & Fee Admin.
Under Revenue and Taxation Code, device used to monitor cardiac function was not "medicine" and therefore could be taxed accordingly.
Tax 1DCA/2 Apr. 18, 2025
Cunningham v. Cornell University
Plaintiffs pursuing prohibited transactions claims under ERISA need not plead anything other than the elements enumerated in 29 U.S.C. Section 1106.
ERISA USSC Apr. 18, 2025
People v. Morrison
Rational basis was the appropriate standard of review for determining whether differences regarding the right to, and waiver of, a jury trial between statutory civil commitment procedures violated equal protection.
Criminal Law and Procedure 6DCA Apr. 16, 2025
Gomes v. Mendocino City Community Services Dist.
Mendocino groundwater permit ordinances were valid and their adoption did not require majority voter approval because fees to obtain a permit did not impact rates for the extraction of groundwater.
Water Rights, Government 1DCA/3 Apr. 16, 2025
In re A.T.
Child's removal from her father's physical custody was affirmed when substantial evidence supported juvenile court's finding that providing father with physical custody would be detrimental to child.
Dependency 4DCA/1 Apr. 16, 2025
Modification: People v. Griggs
A judge's order recalling defendant's sentence and assigning the matter for resentencing under Penal Code Section 1172.1 is not appealable.
Criminal Law and Procedure 3DCA Apr. 16, 2025
1215 Fell SF Owner LLC v. Fell Street Automotive Clinic
Naming discrepancy in complaint did not automatically void judgment and jurisdiction of the trial court, and remand was required to determine if the defect could be cured by amendment.
Civil Procedure 1DCA/4 Apr. 16, 2025
U.S. v. Gomez
Order
9th Apr. 16, 2025
Godun v. Justanswer LLC
Because Plaintiffs were not on inquiry notice of the agreement to arbitrate, no contract was formed when Plaintiffs were automatically subscribed and charged monthly for Defendant's web services.
Consumer Law, Arbitration 9th Apr. 16, 2025
Modification: Miles v. Gernstein
Oral surrogate agreement between neighbors was enforceable when facts supported that surrogate had intended to provide the child without staking parental claim.
Family Law 3DCA Apr. 15, 2025
Padron v. Osoy
Workers' compensation was exclusive remedy for worker contracted for more than 52 hours but injured before 52 hours of work had been completed because the length of the contract controlled.
Workers' Compensation 2DCA/1 Apr. 15, 2025
Cain v. Superior Court (People)
Trial court erred in recusing Public Defender's Office from representing defendant when potential conflict of interest from prior representation was based on speculation.
Criminal Law and Procedure 1DCA/4 Apr. 15, 2025
Tesla Motors, Inc. v. Balan
District court improperly asserted diversity jurisdiction to confirm arbitration award, where face of petition did not establish that the $75,000 amount-in-controversy requirement had been met.
Arbitration, Civil Procedure 9th Apr. 15, 2025
Napa Valley Unified School Dist. v. State Bd. of Education
Despite statutory presumption that charter school petitions should be granted, substantial evidence supported rejection of new charter school petition.
Education 3DCA Apr. 14, 2025
Noem v. Abrego Garcia
Order
USSC Apr. 14, 2025
AirDoctor LLC v. Xiamen Qichuang Trade Co. Ltd.
Since complaint sought damages in amounts to be proven at trial, awarding those damages in default judgment would not differ in kind or amount from what was sought in the complaint.
Remedies, Civil Procedure 9th Apr. 14, 2025
In re L.H.
Juvenile court did not err exercising its discretion to set juvenile's maximum term of confinement of 25 years to life despite statutory age limits on the juvenile's actual commitment time.
Juveniles 1DCA/1 Apr. 11, 2025
Doe 3 v. Superior Court (John Roe DZ 20)
Code of Civil Procedure Section 340.1.3's revival provision did not revive claim against employer based on an employee's conduct because an action against the employee had already been litigated to finality.
Torts 6DCA Apr. 11, 2025
East Bay Sanctuary Covenant v. Trump
Order
9th Apr. 11, 2025
Ford v. The Silver F
Arbitration agreement was unenforceable because it excluded "representative" Private Attorneys General Act lawsuits, and based on precedent at execution, such language covered all actions under PAGA.
Arbitration, Employment Law 3DCA Apr. 10, 2025
People v. Hinojos
Sustained objection under Code of Civil Procedure Section 231.7, which prohibits peremptory challenges based on prospective juror's race, raises mixed question of law and fact subject to de novo review.
Criminal Law and Procedure 2DCA/7 Apr. 10, 2025
People v. Munoz
Superior court did not err in denying defendant's resentencing petition because his sentence of 50 years to life was not the functional equivalent of life without the possibility of parole.
Criminal Law and Procedure 2DCA/7 Apr. 10, 2025
People v. Rodriguez
Admitting defendant's prior voluntary incriminating statements made in parole context during resentencing proceedings did not violate the defendant's Fifth Amendment rights because conviction remained intact throughout.
Criminal Law and Procedure 2DCA/3 Apr. 9, 2025
People v. Virgen
Because an instructional error may have led to defendant's second-degree murder conviction absent a finding of malice aforethought, a retrial was warranted.
Criminal Law and Procedure 2DCA/8 Apr. 9, 2025