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
Lopez-Marroquin v. Garland
Vehicle theft under California Vehicle Code Section 10851(a) is indivisible in its treatment of accessories after the fact, and therefore, is not an aggravated felony theft offense.
Immigration 9th Aug. 19, 2021
Ford v. Peery
Order
9th Aug. 19, 2021
Gallano v. Burlington Coat Factory of California, LLC
Plaintiff established probability of prevailing on her Labor Code Section 2802 claim sufficient to survive defendant's anti-SLAPP motion.
Anti-SLAPP 1DCA/1 Aug. 18, 2021
In re I.S.
Juvenile court must provide notice and opportunity to be heard before modifying prior order.
Juveniles 1DCA/2 Aug. 18, 2021
Nixon v. AmeriHome Mortgage Co., LLC
Interpreting California choice-of-law provision in agreement as evidencing parties' intent to apply Labor Code Section 229 to arbitration provision departs from common sense.
Arbitration 2DCA/7 Aug. 18, 2021
Modification: Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations.
Remedies 2DCA/8 Aug. 18, 2021
U.S. v. Ferguson
Assuming magistrate judge committed Federal Rule of Criminal Procedure 11 violation, defendant failed to show effect on his substantial rights.
Criminal Law and Procedure 9th Aug. 18, 2021
Sharma v. Garland
Police ruining petitioner's business by stealing files and informing clients not to pay back their loans did not rise to level of past persecution.
Immigration 9th Aug. 18, 2021
Allison v. Tinder
Settlements that occur before class certification are subject to high procedural standards.
Civil Procedure 9th Aug. 18, 2021
Herring Networks v. Maddow
Exaggerated statement, cushioned within undisputed news story could not reasonably be understood to imply assertion of objective fact in order to amount to defamation.
Anti-SLAPP 9th Aug. 18, 2021
Villalobos Sura v. Garland
Arrest warrant and Red Notice, combined with incredibility of petitioner's testimony, established requisite probable cause that petitioner committed four murders; thus, he was ineligible for withholding of removal.
Immigration 9th Aug. 18, 2021
Modification: People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless.
Criminal Law and Procedure 4DCA/3 Aug. 18, 2021
Modification: City and County of San Francisco v. All Persons Interested in the Matter of Proposition G
Supermajority requirement does not apply to citizens' initiatives.
statutory_interpretation 1DCA/4 Aug. 18, 2021
Chrysafis v. Marks
Order
USSC Aug. 17, 2021
Modification: Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial.
Evidence 2DCA/7 Aug. 17, 2021
U.S. v. Prigan
Hobbs Act robbery is not crime of violence under United States Sentencing Guidelines Section 4B1.2(a).
Criminal Law and Procedure 9th Aug. 17, 2021
Sackett v. U.S. Environmental Protection Agency
Property that was adjacent to jurisdictional tributary and that, together with similarly situated wetlands complex, had significant nexus to Priest Lake, was regulable under Clean Water Act.
Environmental Law 9th Aug. 17, 2021
Quintero Perez v. U.S.
National security factor counseled against extending 'Bivens' to claim against border patrol agent.
Civil Rights 9th Aug. 17, 2021
Flores-Rodriguez v. Garland
No notice of an alleged false claim of citizenship, a central issue during a hearing, violated due process.
Immigration 9th Aug. 17, 2021
Decker Coal v. Pehringer
5 U.S.C. Section 7521 does not infringe upon President's inherent Article II removal power.
Administrative Agencies 9th Aug. 17, 2021
Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders.
Immigration 9th Aug. 17, 2021
Busker v. Wabtec
Work installing electrical equipment on Metrolink locomotives and rail cars does not fall within the definition of 'public works' under Labor Code Section 1720(a)(1); thus, plaintiff was not entitled to prevailing wages.
Labor Law CASC Aug. 17, 2021
Mendoza v. Fonseca McElroy Grinding Co., Inc.
Prevailing wage law does not support interpretation of Labor Code Section 1772 that expands law's scope beyond defined 'public works.'
Labor Law CASC Aug. 17, 2021
People v. Mancilla
Resentencing under Penal Code Section 1170.95 is unavailable if defendant is convicted of provocative act murder.
Criminal Law and Procedure 2DCA/7 Aug. 16, 2021
Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial.
Evidence 2DCA/7 Aug. 16, 2021
Jamie Zepeda Labor Contracting v. Department of Industrial
Employers' failure to pay wages in accordance with prompt final wage payment mandate, in absence of accompanying minimum wage violation, cannot support issuance of Labor Code Section 1197.1 citations.
Labor Law 4DCA/1 Aug. 16, 2021
Amended Opinion: People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6.
Criminal Law and Procedure CASC Aug. 16, 2021
Matias Rauda v. Jennings
8 U.S.C. 1252(g) bars judicial review of claims challenging government's execution of removal order.
Immigration 9th Aug. 16, 2021
U.S. v. Bachmeier
Although threatening letter was mailed to courthouse, rational jury could have found beyond reasonable doubt that the judge, a natural person, was the addressee, as 18 U.S.C. Section 876(c) requires.
Criminal Law and Procedure 9th Aug. 16, 2021
Munden v. Stewart Title Guaranty Co.
District court erred in its interpretation of insurance policy under Idaho law.
Insurance 9th Aug. 16, 2021