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
Stancil v. Superior Court (Redwood City)
Order
1DCA/4 Mar. 29, 2019
Yahoo! v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania
Order
CASC Mar. 29, 2019
U.S. v. Artis
After district court properly struck portions of government's affidavit recounting facts establishing probable cause to believe defendant was engaged in credit card fraud, affidavit failed to support finding of probable cause.
Criminal Law and Procedure 9th Mar. 29, 2019
Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude.
Immigration 9th Mar. 29, 2019
Gardner v. Superior Court
Prosecution's pretrial appeal of suppression motion is 'critical stage' of criminal process; California Constitution guarantees misdemeanor appellee's right to appointed counsel.
Constitutional Law 4DCA/2 Mar. 29, 2019
In re H.W.
Liability under Penal Code Section 466 requires intent to use a qualifying tool to break or gain entry into a structure to commit theft or any felony within the structure.
statutory_interpretation 3DCA Mar. 29, 2019
People v. Potts
Rational trier of fact could have found that killings were deliberate and premeditated; defendant brought hatchet, his motive was to steal, and he plunged a lethal weapon into victims' chests.
Criminal Law and Procedure CASC Mar. 29, 2019
Lorenzo v. SEC
Rule 10(b) subsections (a) and (c) 'capture a wide range of conduct,' including the 'dissemination of false or misleading information with the intent to defraud,' whether or not disseminator was 'writer' of information.
Securities USSC Mar. 28, 2019
Grossman v. Santa Monica-Malibu Unified School Dist.
Under Education Code Section 38134(i)(1), school district is not liable for injuries resulting from the negligence of a booster group using school facilities without school district's supervision or input.
Torts 2DCA/7 Mar. 28, 2019
People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome.
Criminal Law and Procedure 3DCA Mar. 28, 2019
People v. Castellano
A defendant who fails to make a timely objection or motion to strike evidence at trial may not later claim that the admission of the evidence was error.
Criminal Law and Procedure 2DCA/7 Mar. 28, 2019
Last Frontier Healthcare Dist. v. Superior Ct.
Giving notice of intent to sue under Code of Civil Procedure Section 364 does not impact jurisdictional deadlines underlying an application for relief from the Government Claims Act.
Civil Procedure 3DCA Mar. 28, 2019
Olson v. Hornbrook Community Services Dist.
District violated Ralph M. Brown Act because it failed to adequately describe items it acted on in its consent agenda; thus, plaintiffs stated cause of action under Government Code Section 54960.1.
Government 3DCA Mar. 28, 2019
In re Hernandez
A criminal defense counsel's Sixth Amendment obligations include properly advising as to the immigration consequences of a guilty or no contest plea.
Criminal Law and Procedure 4DCA/3 Mar. 28, 2019
Long v. Forty Niners Football Co.
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court.
Civil Procedure 1DCA/4 Mar. 28, 2019
Modification: Los Angeles County Metropolitan v. Yum Yum Donut Shops
Condemnees showing loss of some goodwill value that cannot be prevented by relocating or other reasonable measures need not mitigate to be entitled to some recovery and a jury trial.
Eminent Domain 2DCA/1 Mar. 28, 2019
Modification: Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed.
Insurance 1DCA/4 Mar. 28, 2019
Modification: People v. Huber
When a mix of on-reservation and off-reservation conduct is at issue, California law is not preempted if there are off-reservation effects that necessitate State intervention.
Native American Affairs 1DCA/4 Mar. 27, 2019
Whyenlee Industries Ltd. v. Super. Ct.
A request to Hong Kong's Central Authority does not need to be made when using an agent to serve a summons on an international party
International Law 1DCA/4 Mar. 27, 2019
Boling v. Public Employment Relations Board
After Public Employment Relations Board made finding that City violated Meyers-Milias-Brown Act by making policy decision without meeting and conferring with unions, its compensatory remedy effectively invalidated the Initiative; thus, remedy modified.
Government 4DCA/1 Mar. 27, 2019
Salgado v. Carrows Restaurants Inc.
That arbitration agreement was signed after initial filing of plaintiff's suit does not preclude its enforceability; but reconsideration necessary as to whether plaintiff was represented by counsel when presented with agreement to sign.
Employment Law 2DCA/6 Mar. 27, 2019
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware.
Criminal Law and Procedure 2DCA/2 Mar. 27, 2019
Modification: Millview County Water Dist. v. State Water Resources Control
Under Water Code Section 1126(b), the Board's formal adoption of its order constituted 'final action' and triggered the running of the statute of limitations; thus, plaintiff's petition was time-barred.
Water Rights 1DCA/1 Mar. 27, 2019
People v. Castillero
Proposition 57 transfer hearing provisions are retroactive and apply to defendants who received a fitness hearing under former law, but whose sentence was not final when Proposition 57 became effective.
Criminal Law and Procedure 6DCA Mar. 27, 2019
Marriage of Oliverez
At dissolution of marriage, it is in the trial court's discretion to set a property valuation either at the time of remand or at the date of trial
Family Law 6DCA Mar. 27, 2019
South of Market Community v. City and County of San Francisco
Environmental impact report was adequate under California Environmental Quality Act because project description clearly identified mixed-use development project at specific, defined location with two options for allocations of office and residential use.
Environmental Law 1DCA/1 Mar. 27, 2019
In re Charlotte C.
Minor's counsel entitled to receive copy of her client's case file, including any Resource Family Approval Program-related information, upon request pursuant to Welfare and Institutions Code Section 317(f).
Dependency 4DCA/1 Mar. 27, 2019
Zakk v. Diesel
An amended complaint consistent with a previous complaint's allegations of a specific contract, but omitting allegations of an overarching contract between the parties, was not a sham pleading.
Civil Procedure 2DCA/4 Mar. 27, 2019
Republic of Sudan v. Harrison
When serving civil process on a foreign state under the Foreign Sovereign Immunities Act, 28 U.S.C. Section 1608(a)(3) requires mailing directly to the foreign minister's office in the foreign state.
Civil Procedure USSC Mar. 27, 2019
Sturgeon v. Frost
Alaskan-specific statute providing greater freedom for users of national preserves in state prohibits federal regulation except over lands held in title by government.
Environmental Law USSC Mar. 27, 2019