For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424.

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.
Read Today's Digital Edition
Place Your Legal Notices
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
Enewsletter Sign-up
    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
U.S. v. House
Government conceded recent caselaw controlled as to sentencing enhancement based on defendant's prior marijuana conviction, and that the court should remand for resentencing without treating the conviction as a qualifying offense. 		Criminal Law and Procedure 9th Apr. 18, 2022
People v. Canedos
Retroactive reduction in maximum parol duration meant that the court no longer had jurisdiction to revoke probation for violations committed after the new maximum duration. 		Criminal Law and Procedure 2DCA/1 Apr. 15, 2022
Shoner v. Carrier Corp.
Federal court lacked jurisdiction because while attorneys' fees are not "costs" under the Magnuson-Moss Warranty Act and may be included in the amount in controversy, they were unavailable under plaintiff's claims. 		Civil Procedure 9th Apr. 15, 2022
Clark v. Eddie Bauer LLC
Order 		9th Apr. 15, 2022
Torres v. Adventist Health System/West
Plaintiff's allegation that she relied on hospital's failure to disclose additional emergency room fees and thereafter received treatment at hospital did not sufficiently plead reliance under the Consumer Legal Remedies Act. 		Remedies 5DCA Apr. 15, 2022
SK Trading International v. Superior Court (People)
Trial court did not err in denying South Korean corporation's motion to quash service of summons because its contacts with gasoline firms in California were sufficient to support specific jurisdiction. 		Civil Procedure 1DCA/4 Apr. 14, 2022
People v. Pantoja
Defendant wearing baggy clothing and having a history of weapons possession was not sufficient evidence to reasonably support a suspicion that he was armed and dangerous during traffic stop. 		Criminal Law and Procedure 1DCA/2 Apr. 14, 2022
Aylward v. SelectHealth
Plaintiff's state law claim that health insurance company breached its duty to timely process her deceased husband's appeal of denial of insurance preauthorization was expressly preempted by the Medicare Act. 		Health Care 9th Apr. 14, 2022
Russell v. Lumitap
Prison nurse was entitled to qualified immunity because no clearly established case law put her on notice that she could violate plaintiff's constitutional rights while following the doctor's instructions. 		Prisoners' Rights 9th Apr. 14, 2022
Modification: Buena Vista Water Storage Dist. v. Kern Water Bank Authority
Public water agency's environmental impact report for storage project to divert excess water met California Environmental Quality Act requirements with its good faith efforts at full disclosure. 		Environmental Law 2DCA/6 Apr. 13, 2022
People v. Hola
The proper procedure for a direct appeal challenge based on the elimination of the natural and probable consequences doctrine is remand for a new trial. 		Criminal Law and Procedure 3DCA Apr. 13, 2022
People v. Johnson & Johnson
Substantial evidence did not support the trial court's finding that companies' oral marketing communications about their pelvic mesh products were likely to deceive doctors. 		Consumer Law 4DCA/1 Apr. 13, 2022
People ex rel. Ellinger v. Magill
A person cannot bring a qui tam action under Section 1871.7 of the Insurance Frauds Prevention Act against an insurance company since the statute only addresses deceptive conduct against the insurer. 		Insurance 4DCA/2 Apr. 13, 2022
Nunez v. Cycad Management LLC
Arbitration agreement presented to Spanish-speaking employee that was not explained, provided on a take-it or leave-it basis and wholly benefited the employer was unconscionable and unenforceable. 		Arbitration 2DCA/2 Apr. 13, 2022
Clarity Co. Consulting v. Gabriel
Sanctions may be imposed when clearly meritless anti-SLAPP motions are pursued. 		Attorneys 2DCA/6 Apr. 13, 2022
People v. Flores
Based on the legislative intent underlying Assembly Bill 1950 to advance specific public policy goals through the reduction of probation terms, defendant was entitled to modification of his probation term. 		Criminal Law and Procedure 5DCA Apr. 13, 2022
People v. Cooper
Courts cannot deny retroactive relief to a convicted murderer under Penal Code Section 1170.95 based on findings that are inconsistent with a previous acquittal where no other evidence is introduced. 		Criminal Law and Procedure 1DCA/1 Apr. 13, 2022
People v. Banner
Defendant's psychological trauma stemming from mental illness may have been a contributing factor in the commission of attempted robberies that warranted a lower sentence. 		Criminal Law and Procedure 5DCA Apr. 12, 2022
Mireskandari v. Edwards Wildman Palmer LLP
Plaintiff showed causation for malpractice claim against former attorneys since he would not have incurred costs and fees from anti-SLAPP motion had he been properly advised before filing his lawsuit. 		Attorneys 2DCA/3 Apr. 12, 2022
People v. Bracamontes
Though crime occurred in 1991 and defendant not charged until 2003, delay was not prejudicial as the reason for the delay was investigative in nature and any presumed prejudice was minimal. 		Criminal Law and Procedure CASC Apr. 12, 2022
Ray v. Lara
A prisoner must show a nexus between their claim and the alleged danger to qualify for the imminent danger exception to the three-strikes provision of the Prison Litigation Reform Act. 		Prisoners' Rights 9th Apr. 12, 2022
U.S. v. Irons
Defendant carried his burden to show that erroneous supplemental jury instruction affected his substantial rights because the error effectively removed from the jury's consideration the only disputed issue. 		Criminal Law and Procedure 9th Apr. 12, 2022
Alpha Venture Capital Partners v. Pourhassan
CEO's profits from selling stocks five months after being awarded options by a majority of the board of directors fell within an exemption to Section 16(b) of the Securities Exchange Act. 		Corporations 9th Apr. 11, 2022
Mecinas v. Hobbs
Democratic National Committee had standing to contest the Arizona Ballot Order Statute since ordering ballots based on the political party who received most votes in last gubernatorial race caused an injury in fact. 		Constitutional Law 9th Apr. 11, 2022
Central Sierra Environmental Resource Center v. Stanislaus National Forest
Forest Service could implement best management practices under provisions of the Management Agency Agreement in lieu of reporting discharge requirements under the California Water Act. 		Environmental Law 9th Apr. 11, 2022
Global Rescue Jets v. Kaiser Foundation Health Plan
Like Medicare Parts A & B claims, Medicare Advantage claims must exhaust all administrative remedies before pursuing claims in federal court. 		Administrative Agencies 9th Apr. 11, 2022
Olean Wholesale Grocery v. Bumble Bee Foods
District court did not abuse its discretion in concluding that economist's statistical regression model, along with other expert evidence, was capable of showing that a price-fixing conspiracy caused a class-wide antitrust impact. 		Civil Procedure 9th Apr. 11, 2022
Slaieh v. Superior Court (Slaieh)
The deposition provision of Marsy's Law does not apply to civil proceedings because it expressly provides rights to victims and their families in the criminal justice system. 		Criminal Law and Procedure 4DCA/2 Apr. 11, 2022
Modification: Lee v. Amazon.com, Inc.
The trial court erred in finding Amazon immune from liability, by virtue of the Communications Decency Act, for failure to provide Proposition 65 warnings on face creams containing mercury and sold by third parties. 		Consumer Law 1DCA/2 Apr. 11, 2022
In re I.F.
Under the Indian Child Welfare Act, the duty to further inquire is established once there is a suggestion of possible tribal membership. 		Juveniles 6DCA Apr. 8, 2022
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.