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
Tellabs, Inc., et al. v. Makor Issues & Rights, et. al.
Order
Mar. 30, 2007
People v. Lowe
Defendant claiming speedy trial violation must show delay impaired ability to defend against charged crime, not simply lost chance to serve concurrent sentence.
Criminal Law and Procedure Mar. 30, 2007
People v. Romero
If jury accepts that defendant acted in imperfect self-defense, admission of murder victim's hearsay statements regarding his fear of defendant is not prejudicial.
Criminal Law and Procedure Mar. 30, 2007
People v. Baughman
Father not entitled to unanimous verdict on specific act of incest where jury unanimously agrees he committed all acts.
Criminal Law and Procedure Mar. 30, 2007
Paniagua v. Orange County Fire Authority
Plaintiff's attempt to amend his complaint to name additional defendants in action he previously dismissed does not commence action against additional defendants.
Civil Procedure Mar. 30, 2007
County of Kern v. Sparks
Motion for nonsuit is improperly granted where former sheriff is accused of falsely certifying unauthorized premium pay.
Government Mar. 30, 2007
Queen Villas Homeowners Association v. TCB Property Management
Indemnity clause is not deemed exculpatory where suit is only two-party situation involving property management company and homeowners association.
Contracts Mar. 30, 2007
California Teachers Association v. Vallejo City Unified School District
Teachers serving under provisional permits are 'probationary' employees entitled to statutory layoff rights afforded to fully credentialed teachers when terminated for economic reasons.
Education Mar. 30, 2007
State Board of Chiropractic Examiners v. Superior Court (Arbuckle)
Employee was required to set aside employer's decision in writ of mandate proceeding as prerequisite to filing civil tort action.
Civil Procedure Mar. 30, 2007
Citizens for a Megaplex-Free Alameda v. City of Alameda (Alameda Entertainment Associates LP)
Where city planned to rehabilitate historic theater, there is no new information that would require environmental impact report.
Environmental Law Mar. 30, 2007
Chevron Stations Inc. v. Alcoholic Beverage Control Appeals Board (Dept. of Alcoholic Beverage Control)
If agency's 'standard procedure' for administrative hearings violates Administrative Procedure Act, agency bears the burden of disproving violation before administrative appeals board.
Administrative Agencies Mar. 30, 2007
Mark B., a Minor
Juvenile court and referee hearing dependency case may lawfully impose sanctions against attorney whose frivolous conflict motion delays proceedings.
Juveniles Mar. 30, 2007
People v. Rabaduex
Defendant fails to show that police 'knock-notice' search of his home violated his Fourth Amendment rights.
Criminal Law and Procedure Mar. 30, 2007
Horphag Research v. Garcia
Website's use of trademarked mark as generic term to refer to both trademarked products and rival products constitutes trademark dilution.
Intellectual Property Mar. 29, 2007
Delay v. Gordon (United States of America)
Where plaintiff seeks amended judgment, new claim cannot be asserted against United States, which was not party to original judgment.
Civil Procedure Mar. 29, 2007
Paulson v. City of San Diego
Court's order to enforce injunction under California constitutional authority was moot where federal legislative taking divested city of interest in war memorial.
Civil Procedure Mar. 29, 2007
Fisher v. City of San Jose
Where plenty of time existed for police to obtain arrest warrant during 12-hour standoff at defendant's home, warrantless arrest was improper.
Criminal Law and Procedure Mar. 29, 2007
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Quintanar)
Agency prosecutor may not communicate with agency decision maker about substance of case until final decision is made.
Administrative Agencies Mar. 29, 2007
TRB Investments Inc. v. Fireman's Fund Insurance Co.
Renovation work being performed on building at time of loss may have rendered building 'under construction' such that vacancy exclusion does not apply.
Insurance Mar. 29, 2007
Hawkins v. Wilton
Where moving party did not negate theory of respondeat superior liability, summary judgment was improperly granted.
Torts Mar. 29, 2007
Willmer v. Willmer
Order confirming registration of foreign judgment for child and spousal support is proper where Germany is reciprocating state.
Family Law Mar. 29, 2007
Barrett v. Rosenthal
In defamation case, defendant prevails where Internet service providers or users cannot be sued as 'distributors.'
Torts Mar. 29, 2007
People v. Neidinger
Defendant need only raise reasonable doubt regarding facts underlying his affirmative defense under Penal Code Section 278.7(a).
Criminal Law and Procedure Mar. 29, 2007
Parra v. Astrue
Claimant bears burden of proving substance abuse is not material contributing factor to disability for purposes of receiving disability benefits.
Administrative Agencies Mar. 29, 2007
Beecher v. Commissioner of Internal Revenue
Taxpayers cannot apply losses from other rental properties to offset 'active' income derived from renting to their own corporations.
Taxation Mar. 29, 2007
Katie A. v. Los Angeles County
State may provide component parts of medical services required by Medicaid Act separately, so long as all mandatory services are provided.
Government Mar. 29, 2007
Barajas v. Wise
In heroin case, habeas petition is properly granted where state failed to provide reasons for its refusal to disclose informant's addresses.
Criminal Law and Procedure Mar. 29, 2007
Molski v. M.J. Cable Inc.
In ADA case, district court abused its discretion in denying disabled plaintiff's motion for new trial after jury found in favor of defendant.
Civil Rights Mar. 29, 2007
U.S. v. Boyd
Hobbs Act conviction is proper where robbery of store potentially affected interstate commerce.
Criminal Law and Procedure Mar. 29, 2007
Limtiaco v. Camacho
Guam's debt limitation must be calculated according to property's assessed, not appraised, value for purposes of Organic Act.
Taxation Mar. 29, 2007