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
Public Utility District No.1 of Snohomish County, Washington v. Federal Emergency Management Agency
Federal Emergency Management Agency may recover portion of disaster relief grant after post-award audit.
Administrative Agencies Aug. 23, 2004
Endo Steel Inc. v. Janas (In re JWJ Contracting Co. Inc.)
Because transaction between debtor and creditor was not contemporaneous, trustee was eligible to file preference action.
Bankruptcy Aug. 23, 2004
Frontier Bank v. Brown (In re Northern Merchandise Inc.)
Creditor provided reasonably equivalent value for bankruptcy debtor's security interest.
Bankruptcy Aug. 23, 2004
Leavitt v. Arave
Defendant sentenced to death is entitled to resentencing based on claim of ineffective assistance of counsel.
Criminal Law and Procedure Aug. 23, 2004
Garcia-Martinez v. Ashcroft
Immigration judge's denial of asylum for lack of persecution was not supported by substantial evidence.
Immigration Aug. 23, 2004
Paulino v. Castro
Pattern of strikes against black jurors raises plausible inference of discrimination and requires prosecutor to show race-neutral reasons.
Criminal Law and Procedure Aug. 23, 2004
U.S. v. Cunag
Defendant had no legitimate expectation of privacy in hotel room that he obtained through credit card fraud.
Criminal Law and Procedure Aug. 23, 2004
U.S. v. Jimenez-Recio
Erroneous instruction prevents jury from considering evidence of defendants' post-seizure involvement in conspiracy.
Criminal Law and Procedure Aug. 23, 2004
Port of Stockton v. Western Bulk Carrier KS
Prevailing party that failed to seek attorney fees in action cannot seek them through subsequent action.
Civil Procedure Aug. 23, 2004
Silva-Calderon v. Ashcroft
Order
Aug. 23, 2004
Congregation Etz Chaim v. City of Los Angeles
City is estopped from denying congregation's building permit is valid when it was previously approved.
Real Property Aug. 23, 2004
Rui One Corp. v. City of Berkeley
Living wage ordinance does not violate Contract Clause when applied to business with existing lease from city with no express wage component.
Constitutional Law Aug. 23, 2004
People v. Rivas
Court retains discretion to strike additional punishments when defendant is sentenced outside of one-strike law.
Criminal Law and Procedure Aug. 23, 2004
Spanner v. Rancho Santiago Community College District
School board did not abuse its discretion by imposing permanent demotion on employee without evidentiary hearing.
Constitutional Law Aug. 23, 2004
Farris v. Fireman's Fund Insurance Co.
Substantial relationship between attorney's prior coverage work for insurer and current representation of insured in bad-faith claim warrants disqualification.
Attorneys Aug. 23, 2004
Tucson Woman's Clinic v. Eden
Physicians that provide abortions may challenge state licensing and regulatory scheme.
Constitutional Law Aug. 23, 2004
Sinatra v. Chico Unified School District
Program allowing educators to work part time rather than retire does not constitute fundamental and substantial public policy.
Employment Law Aug. 23, 2004
Lewis v. Chevron USA Inc.
Prior owner of property is not liable for injuries caused by defective condition after relinquishing ownership and control of property.
Torts Aug. 23, 2004
Hope International University v. Superior Court (Rouanzoin)
Christian university is not entitled to summary judgment on basis of 'ministerial exception' after termination of employees.
Employment Law Aug. 23, 2004
People v. Cavitt
Non-killer is liable under felony murder rule when his acts are causally and temporally related to act resulting in death.
Criminal Law and Procedure Aug. 23, 2004
People v. Overby
Consent to Batson-Wheeler remedy of reseating juror is implied from request that juror remain in courtroom and submission to remedy without argument.
Criminal Law and Procedure Aug. 23, 2004
People v. Pirwani
Statements made by dependent adult to police prior to her death should not have been admitted at trial.
Criminal Law and Procedure Aug. 23, 2004
BFGC Architects Planners Inc. v. Forcum/Mackey Construction Inc.
Architect's claim for equitable indemnity against building contractor requires predicate tort.
Torts Aug. 23, 2004
Palacin v. Allstate Insurance Co.
Court properly sustained insurance company's demurrer in homeowner insurance coverage case.
Insurance Aug. 23, 2004
City of St. Helena v. Public Utilities Commission (Napa Valley Wine Train Inc.)
Public Utilities Commission cannot determine round trip sightseeing train whose business plan envisions multiple stops to be public utility.
Administrative Agencies Aug. 23, 2004
City of Anaheim v. Pacific Bell Telephone Co.
Trial court lacked jurisdiction to hear city's lawsuit against telephone company.
Civil Procedure Aug. 23, 2004
People v. Manuel
Defendant on trial for mayhem did not deserve jury instruction on lesser-included offense of battery with serious bodily injury.
Criminal Law and Procedure Aug. 23, 2004
In re Scott
No evidence supports board's finding that prisoner is unsuitable for parole.
Criminal Law and Procedure Aug. 23, 2004
People v. Singh
Jury must find that defendant had knowledge of weapon to convict of possession of methamphetamine while armed with firearm.
Criminal Law and Procedure Aug. 23, 2004
Sappington v. Orange Unified School District
Retired employees of school district do not have vested right to PPO coverage.
Insurance Aug. 23, 2004