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
Gouveia v. Espinda
Trial court's manifest-necessity determination was erroneous because trial court failed to provide any meaningful consideration of alternatives to mistrial; thus, retrying defendant would violate Double Jeopardy Clause.
Criminal Law and Procedure 9th Jun. 13, 2019
DaVinci Aircraft v. U.S.
Property was not seized from plaintiff solely for forfeiture, so sovereign immunity was not rewaived; thus, dismissal of 'Bivens' claims against the United States for lack of subject matter jurisdiction was proper.
Torts 9th Jun. 13, 2019
Torres v. Barr
Petitioner failed to succeed on challenging removal under 8 U.S.C. Section 1182 (a)(6)(A)(i) due to lack of valid entry document and continuous presence in the U.S.
Immigration 9th Jun. 13, 2019
People v. John
A plea of guilty cannot be combined with a plea of not guilty by reason of insanity to the same charges, so defendant's plea agreement was null and void.
Criminal Law and Procedure 4DCA/2 Jun. 13, 2019
People v. Kidd
Officer detained defendant by pulling behind him and shining spotlights on defendant's vehicle without reasonable suspicion that crime was about to occur, so subsequently seized evidence should be excluded.
Criminal Law and Procedure 4DCA/2 Jun. 12, 2019
Esparza v. Safeway, Inc.
Appellants failed to submit evidence raising triable issue of material fact regarding whether defendant's challenged conduct harmed class members in manner entitling them to restitution; thus, summary adjudication was proper.
Labor Law 2DCA/4 Jun. 12, 2019
Estate of Sapp
Administrator of decedent's estate was 'otherwise not qualified' under Probate Code Section 8502(b) and acted in bad faith toward heirs; thus, probate court properly removed her as administrator.
probate_and_trusts 4DCA/2 Jun. 12, 2019
Skidmore v. Led Zeppelin
Order
9th Jun. 12, 2019
U.S. v. Bain
Defendant's inadvertent placement of closed pocket knife on bank counter did not put in jeopardy the life of any person by the use of a dangerous weapon; thus, armed robbery conviction reversed.
Criminal Law and Procedure 9th Jun. 12, 2019
Ross v. County of Riverside
Plaintiff provided sufficient evidence such that defendant should not have been granted summary judgment on his Labor Code Section 1102.5 and Fair Employment and Housing Act claims.
Employment Law 4DCA/1 Jun. 12, 2019
Lincolnshire, IL v. Int'l Union Local 399
Order
USSC Jun. 11, 2019
Atlantic Richfield Co. v. Christian
Order
USSC Jun. 11, 2019
McKinney v. Arizona
Order
USSC Jun. 11, 2019
Intel Corp. Investment v. Sulyma
Order
USSC Jun. 11, 2019
Monasky v. Taglieri
Order
USSC Jun. 11, 2019
Comcast Corp. v. Nat. Assn. of African Am.-Owned Media
Order
USSC Jun. 11, 2019
Parker Drilling Management Services, Ltd. v. Newton
Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the outer continental shelf.
Labor Law USSC Jun. 11, 2019
Return Mail, Inc. v. Postal Service
A federal agency is not a 'person' who may petition for post-issuance patent review under the America Invents Act; thus, judgment was reversed.
Patent Law USSC Jun. 11, 2019
Quarles v. United States
Michigan statute underlying defendant's third-degree home invasion prior conviction substantially corresponded to or was narrower than generic burglary; thus, defendant's prior conviction qualified as burglary under Armed Career Criminal Act.
Criminal Law and Procedure USSC Jun. 11, 2019
Beckington v. American Airlines
Employees may not sue their employer under Railway Labor Act for allegedly 'colluding' with union in union's breach of duty; thus district court's judgment dismissing plaintiffs' claim was affirmed.
Labor Law 9th Jun. 11, 2019
Veiseh v. Stapp
Failure to comply with provisions of the California Uniform Transfers to Minors Act does not render grantor's continued possession and control of real property unlawful for purposes of trespass to realty.
Torts 5DCA Jun. 10, 2019
Cuevas-Martinez v. Sun Salt Sand, Inc.
Trial court erred in granting respondents' anti-SLAPP motion to malicious prosecution complaint because respondents lacked probable cause to prosecute two claims in their prior lawsuit.
Anti-SLAPP 4DCA/2 Jun. 10, 2019
Wertheim, LLC v. Currency Corporation
Judgment is not satisfied for purposes of postjudgment enforcement costs pursuant to Code of Civil Procedure Section 685.080 until judgment creditor has been paid; thus, motion for postjudgment costs was timely.
Civil Procedure 2DCA/1 Jun. 10, 2019
U.S. v. Yong
Defendant's guilty plea made in exchange for leniency to third party was not involuntarily because government had probable cause to prosecute third party at time of guilty plea.
Criminal Law and Procedure 9th Jun. 10, 2019
Altera Corp. v. Commissioner of Internal Revenue
Treasury Regulation Section 1.482-7(d)(2) was not invalid under 'Chevron' or 'State Farm' statutory interpretation schemes, as it was not arbitrary and capricious and complied with Administrative Procedure Act's procedural requirements.
Tax 9th Jun. 10, 2019
Amalgamated Transit Union v. San Joaquin Reg. Transit Dist.
Public Utilities Code Sections 50150 and 99159 should be harmonized so 'elected representatives of the employees' is read to mean Board members appointed by the Amalgamated Transit Union, Local 276.
Government 3DCA Jun. 10, 2019
Rudisill v. Cal. Coastal Commission
Real parties in interest could have reasonably concluded that petitioner asserted claims against them arising from conduct protected under the anti-SLAPP statute, so attorneys' fees sanctions against real parties were unwarranted.
Anti-SLAPP 2DCA/2 Jun. 7, 2019
McMillin Homes Construction v. Natl. Fire & Marine Ins. Co.
Insurance company owed general contractor duty to defend homeowner claim where subcontractor shared control of project; care, custody or control exclusion requires exclusive or complete control.
Insurance 4DCA/1 Jun. 7, 2019
Allied Signal Aerospace v. Workers' Comp. Appeals Bd.
Workers Compensation Appeals Board lacked jurisdiction to review the medical necessity and reasonableness of home healthcare because it was a threshold jurisdictional issue.
Workers' Compensation 2DCA/2 Jun. 7, 2019
LAOSD Asbestos Cases
Trial court properly instructed in specific terms under CACI Nos. 1220, 1221, and 1222, relating to plaintiffs' negligence theory supported by the evidence, rather than general terms.
Torts 2DCA/4 Jun. 7, 2019