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
People v. Pride
Where robber boasts of heist on social media, no Fourth Amendment violation if undercover officer accesses said boast by posing as false 'friend' on the site. 		Criminal Law and Procedure 4DCA/1 Jan. 11, 2019
Mikkelsen v. Hansen
Based upon the broad language used by the Legislature when writing Civil Code Section 1009, Section 1009(b) bars both implied-in-fact dedications and implied-in-law dedications of private noncoastal property. 		statutory_interpretation 5DCA Jan. 11, 2019
People v. Duenas
A court must stay the execution of a restitution fine imposed by Penal Code Section 1202.4, until and unless the People demonstrate that a defendant has the ability to pay the fine. 		Constitutional Law 2DCA/7 Jan. 10, 2019
Yee v. Superior Court
Employee of public entity cannot be liable for conduct that can be undertaken only by the public entity and not by an individual; thus, public entity was not vicariously liable. 		Government 1DCA/2 Jan. 10, 2019
Zabriskie v. Federal National Mortgage Association
A seller of software to a company that uses the software product to process credit report information is not a consumer reporting agency because it is not "assembling or evaluating" any information. 		Consumer Law 9th Jan. 10, 2019
U.S. v. Johnson
Search incident to arrest may occur prior to arrest if probable cause extant, even where the crime for which probable cause existed is different from crime of subsequent arrest. 		Criminal Law and Procedure 9th Jan. 10, 2019
U.S. v. Martinez-Hernandez
California Penal Code Section 211 robbery qualifies as a generic theft offense under 8 U.S.C. Section 1101(a)(43)(G), and thus is an aggravated felony under 8 U.S.C. Section 1227(a)(2)(A)(iii). 		Immigration 9th Jan. 10, 2019
Modification: Mechling v. Asbestos Defendants
A defendant's motion to set aside a default judgment should be granted, provided a meritorious claim existed and defendant was not given chance to defend himself in court due to extrinsic mistake. 		Civil Procedure 1DCA/5 Jan. 10, 2019
Culbertson v. Berryhill
Section 406(b)(1)(A) does not apply to the aggregate fees awarded under Sections 406(a) and (b). Instead, Sections 406(a) and (b) contain separate caps on fees, and authorize two separate pools of withheld benefits. 		Government USSC Jan. 9, 2019
Henry Schein, Inc. v. Archer & White Sales, Inc.
Where parties contract to have arbitrator decide threshold arbitrability question, court 'possesses no power to decide' said question, even where it believes motion for arbitration is 'wholly groundless.' 		Arbitration USSC Jan. 9, 2019
Berkeley Cement, Inc. v. Regents of the University of California
The award of mediation fees is no less reasonably necessary to the conduct of litigation, than the award of arbitrator's fees, which costs are also statutorily authorized. 		Civil Procedure 5DCA Jan. 9, 2019
Modification: City of San Diego v. Superior Court
Trial court errs in disqualifying defendant's counsel based on an egregious violation of attorney-client privilege when the disclosure does not substantially and continuously effect the outcome of the case. 		Evidence 4DCA/1 Jan. 9, 2019
U.S. v. Torres
Government's interests in controlling crime and ensuring public safety are promoted by keeping firearms out of the hands of unlawful aliens; thus, 18 U.S.C. Section 922(g)(5) is constitutional under intermediate scrutiny. 		Constitutional Law 9th Jan. 9, 2019
County of Riverside v. Estabrook
Under Family Code Section 7551, genetic testing was mandatory because there was a civil proceeding, paternity was a relevant fact, it was timely requested by a party, and testing would be for father. 		Family Law 4DCA/2 Jan. 9, 2019
Shoop v. Hill
For federal court to set aside state court criminal decision, said decision must violate clear Supreme Court precedent on the books at the time of the state court's decision. 		Criminal Law and Procedure USSC Jan. 8, 2019
Escondido v. Emmons
For qualified immunity to be denied, 'clearly established right at issue must be defined with specificity;' not sufficient specificity where court relies on fairly general right 'to be free of excessive force.' 		Qualified Immunity USSC Jan. 8, 2019
Doe v. Allee
A student's right to a fair hearing is violated when an investigator acts as prosecutor and tribunal, and can make factual findings, decide credibility, and impose discipline on a student. 		Education 2DCA/4 Jan. 8, 2019
Furry v. East Bay Publishing
Because employer failed to keep accurate records of employee's work hours, imprecise evidence by the employee provided a sufficient basis for damages as to overtime claim. 		Labor Law 1DCA/1 Jan. 8, 2019
Strawn v. Morris, Polich & Purdy
Prelitigation communications are privileged only when litigation is no longer a mere possibility, but instead when litigation is contemplated in good faith and under serious consideration. 		Attorneys 1DCA/2 Jan. 8, 2019
Iancu v. Brunetti
Order 		USSC Jan. 8, 2019
Emulex Corp. v. Varjabedian
Order 		USSC Jan. 8, 2019
Taggart v. Lorenzen
Order 		USSC Jan. 8, 2019
U.S. v. Davis
Order 		USSC Jan. 8, 2019
Poff v. U.S.
Order 		USSC Jan. 8, 2019
Wolfe v. Virginia
Order 		USSC Jan. 8, 2019
International Brotherhood of Teamsters v. City of Monterey Park
City breached its duty under Labor Code Section 1072 to award bidding preference only to contractors who declare in their bids they will retain existing employees for at least 90 days. 		Labor Law 2DCA/7 Jan. 8, 2019
Modification: In re Cody R.
Petitioner's claim that custody was wrongfully withheld from the child's relative was not grounds for habeas corpus petition; habeas corpus may be filed in dependency cases only in limited circumstances. 		Juveniles 4DCA/1 Jan. 8, 2019
O'Gara Coach Co., LLC v. Ra
A law firm that hires a nonlawyer who possesses an adversary's confidences creates a situation, similar to hiring an adversary's attorney who must protect an adversaries client confidences. 		Attorneys 2DCA/7 Jan. 8, 2019
Licudine v. Cedars-Sinai Medical Center
Section 998 offer not made in good faith when made five days after defendant filed its answer, defendant had very little information available, and plaintiff never responded to that concern. 		Civil Procedure 2DCA/2 Jan. 7, 2019
Brown v. Mortensen
Nominal statutory damages are legal rather than equitable as they serve as a penalty. As such, a plaintiff has a constitutional right to have such claims tried before a jury. 		Civil Procedure 2DCA/1 Jan. 7, 2019
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.