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
U.S. v. Hamilton
Clerical error on original sentencing information, regarding when defendant suffered a prior conviction, doesn't invalidate conviction.
Criminal Law and Procedure Jun. 2, 2000
Escobar-Grijalva v. INS
Failure to allow alien to select her own counsel during asylum hearing violates due process.
Immigration Jun. 2, 2000
Webb v. National Union Fire Insurance Co. of Pittsburgh
Court isn't required to consider extrinsic evidence determining whether primary insurer must contribute to additional insurer who provided coverage for same loss.
Insurance Jun. 2, 2000
Association of Mexican-American Educators v. California
Opinion
Jun. 2, 2000
Socop-Gonzalez v. INS
Statute of limitations applies to alien who doesn't timely request adjustment of status due to incorrect information given by INS officer.
Immigration Jun. 2, 2000
Chanchavac v. INS
Alien is entitled to asylum based on evidence of pervasive violence against alien by homeland military forces.
Immigration Jun. 2, 2000
U.S. v. Ibarra-Galindo
If defined by state law as felony, 'aggravated felony' definition includes crime of controlled substance possession for sentence enhancement purposes.
Immigration Jun. 2, 2000
Educational Credit Management Corp. v. Bernal (In re Bernal)
Assignee of debtor's note may not intervene in adversary proceeding to determine dischargeability of underlying debt after assignor has defaulted.
Bankruptcy Jun. 2, 2000
Chiron Corp. v. Ortho Diagnostic Systems Inc.
Under Federal Arbitration Act, res judicata effect of arbitration award on subsequent arbitration is determined by arbitrator, not district court.
Civil Procedure Jun. 2, 2000
Howard v. America Online Inc.
Court may dismiss claims of class members, where claims were part of earlier class settlement.
Civil Procedure Jun. 2, 2000
U.S. v. Standard
In computing base offense level for tax fraud conviction, court must consider what portion of $1.7 million tax deduction was improperly claimed.
Criminal Law and Procedure Jun. 2, 2000
Reese v. Jefferson School District No. 14J
In civil rights case against school, female student must show that school officials knew she was being harassed by male students.
Civil Rights Jun. 2, 2000
Sigman v. United States
Federal government may be sued for negligence for giving killer, who was known to be dangerous, honorable discharge from military.
Government Jun. 2, 2000
SEC v. Nite
SEC isn't entitled to summary judgment in fraud action, where pro se defendant had insufficient notice of requirements for opposing summary judgment.
Securities Jun. 2, 2000
Loyd v. Paine Webber Inc.
Trustee of 'sham' corporation has standing to sue corporate attorneys for legal malpractice.
Corporations Jun. 2, 2000
Stewart v. Thorpe Holding Company Profit Sharing Plan
Former spouse has standing to sue ERISA plan for her share of benefits, even without qualified domestic relations order.
Family Law Jun. 2, 2000
Perez-Lastor v. INS
In deportation proceeding, asylum applicant is denied due process when translator does not accurately communicate immigration judge's questions.
Immigration Jun. 2, 2000
County of Orange v. Superior Court (Wu)
Civil discovery order doesn't allow criminal investigations discovery unless benefit outweighs need for confidentiality.
Civil Procedure Jun. 2, 2000
Hatch v. Superior Court (People)
Prosecution need not establish that victims are under 14 in prosecution for attempted lewd act on minor under 14.
Criminal Law and Procedure Jun. 2, 2000
Valencia v. Michaud
Landlord has duty to protect tenants' daughter from violent attack, by another tenant's son, that occurs on apartment building's premises.
Torts Jun. 2, 2000
U.S. v. Coleman
Failure to show defendant 'knowingly' aided and abetted co-conspirators in armed bank robbery, precludes defendant from being convicted for armed robbery.
Criminal Law and Procedure Jun. 2, 2000
Klem v. County of Santa Clara
Employer who fails to pay employees overtime compensation, may not remedy its actions by asserting 'window of correction' rule.
Employment Law Jun. 2, 2000
U.S. v. Wilkerson
Judge's criticism of prosecutor's charging decision, which may have led to subsequent charging of that offense, doesn't violate separation of powers.
Criminal Law and Procedure Jun. 2, 2000
Yazitchian v. INS
Form of extortion by government entity is sufficient to support presumption of well-founded fear of future persecution.
Immigration Jun. 2, 2000
In re Locks
Defendant, in treatment for insanity, isn't entitled to hearing that determines his competence to refuse medication.
Criminal Law and Procedure Jun. 2, 2000
U.S. v. Chang
Sentencing must not exceed statutory maximum.
Criminal Law and Procedure Jun. 2, 2000
NLRB v. Advanced Stretchforming International Inc.
Successor employer must bargain collectively before imposing terms when it hires its initial workers entirely from represented unit.
Labor Law Jun. 2, 2000
Cimarusti v. Superior Court (Dept. of Youth Authority)
Only juvenile court may compel production of certain juvenile records as requested by youth correctional officers challenging their employment termination.
Juveniles Jun. 2, 2000
Community Care and Rehabilitation Center v. Superior Court (Grood)
Rules pertaining to punitive damages in medical malpractice actions also apply to wrongful death claim couched in terms of elder abuse.
Torts Jun. 2, 2000
Rice v. Cayetano
Order
Jun. 2, 2000