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.
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
Ramos v. Superior Court
Arbitration agreement unconscionable under minimum requirements of 'Armendariz v. Foundation Health Psychcare Services, Inc.' because it limited employee's remedies and provided that employee must bear half the costs of arbitration. 		Arbitration 1DCA/1 Nov. 6, 2018
Maquiz MacDonald v. Hedgpeth
No rational juror could have found from the evidence presented at trial that all allegations required for the gang sentencing enhancement were true; thus petition for habeas relief should have been granted. 		Criminal Law and Procedure 9th Nov. 6, 2018
Qualitex Co. v. Jacobson Products Co.
The court held that a color could meet the legal requirements for trademark registration under the Lanham Act, provided that it has acquired secondary meaning in the market. 		Intellectual Property USSC Nov. 6, 2018
AMN Healthcare, Inc. v. Aya Healthcare Services, Inc.
Trial court properly granted summary judgment against competitor employer's seeking to restrain former employs via a non-compete agreement against public policy and Business & Professions Code. 		Employment Law 4DCA/1 Nov. 5, 2018
Marteney v. Elementis Chemicals Inc.
Under Civil Code of Procedure Section 877, appellant entitled to settlement credit based solely on respondents' settlements and not on their parents' settlements because they were not bound by those settlements. 		Civil Procedure 2DCA/4 Nov. 5, 2018
Caretto v. Super. Ct.
A court is required to identify how much stolen property, such as stolen debit cards, sell for (fair market value) in order to determine whether Proposition 47's misdemeanor resentencing applies. 		Criminal Law and Procedure 2DCA/8 Nov. 5, 2018
People v. Garcia
Expert testimony on eyewitness identifications may be excluded when there is ample other evidence to substantially corroborate a witness' identification of a defendant. 		Evidence 4DCA/2 Nov. 5, 2018
Ivory Education Institute v. Dept. of Fish & Wildlife
Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry. 		Constitutional Law 2DCA/4 Nov. 5, 2018
U.S. v. Carter
A temporary disability fails the stringent test of 'Maryland v. Craig,' used to determine whether a defendant's right to confront accusatory witnesses is satisfied absent a physical, face-to-face confrontation at trial. 		Constitutional Law 9th Nov. 5, 2018
Ma v. Sessions
8 C.F.R. Section 274a.12(b)(20) does not confer lawful immigration status for purposes of establishing eligibility for status adjustment under 8 U.S.C. Section 1255(k)(2); thus petition was denied. 		Immigration 9th Nov. 5, 2018
Modification: People v. Bedolla
Carrying a loaded firearm while in a public place was a crime of moral turpitude because the crime involved a 'general readiness to do evil;' thus, the evidence was admissible to impeach defendant. 		Criminal Law and Procedure 6DCA Nov. 5, 2018
Ramos v. Superior Court
Opinion 		1DCA/1 Nov. 5, 2018
Maryland v. Craig
The court ruled that the Sixth Amendment's Confrontation Clause, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television to present testimony by an alleged child sex abuse victim. 		Constitutional Law USSC Nov. 5, 2018
People v. Clemmons
In an information filed in Los Angeles County, appellants Bennett Cook and Will Jones, with defendants Clemmons and James Jones, were charged with two counts of armed robbery in that on January 20, 1956, they unlawfully took by force from Robert L. Parsons money and merchandise of the value of $65, and from James T. Jeffery $25, and that each had prior felony convictions. Each defendant plead not guilty and admitted the prior convictions. The jury found each guilty as charged and fixed the degree in each instance as robbery in the first degree. Motions for a new trial and probation were made by the appellants and each such motion was denied, and each defendant was sentenced to the state prison. This appeal is by Bennett Cook and Will Jones from the judgments. 		Criminal Law and Procedure 2DCA/1 Nov. 5, 2018
Palmieri v. Cal. State Personnel Bd.
Under Government Code Section 19582(a), even when the State Personnel Board authorizes a representative to hold a hearing, the Board maintains the discretion to grant a rehearing without violating due process. 		Government 3DCA Nov. 2, 2018
Bear Creek Master Assn. v. Southern Cal. Investors, Inc.
Under golf course's covenants, conditions, and restrictions, an inchoate 'claim of lien' was created and perfected, but no actual 'lien' could be created until it was recorded. 		Real Property 4DCA/2 Nov. 2, 2018
Sali v. Corona Regional Medical Center
Order 		9th Nov. 2, 2018
Amended Opinion: Nunies v. HIE Holdings
Based on the plain language of the ADA Amendment Act, plaintiff/employee need not present evidence of employer's subjective belief plaintiff had limitation as to major life activity in disability action. 		Disability Discrimination 9th Nov. 2, 2018
Amended Opinion: Fahmy v. Jay-Z
Holder of foreign copyright who claims that moral right to prohibit derivative works of copyrighted material entitles him to standing lacks standing where federal law does not recognize right asserted. 		Copyright 9th Nov. 2, 2018
People v. Franske
For purposes of Penal Code Section 495.5 and Proposition 47 relief, a "commercial establishment" is one that is primarily engaged in the buying and selling of goods or services. 		Criminal Law and Procedure 3DCA Nov. 2, 2018
People v. Kelly
Proposition 47 modified washout provisions of Penal Code Section 667.5(b); thus, after defendant's felony convictions were reclassified, more than 5 years passed from his latest felony conviction and washout rule applied. 		Criminal Law and Procedure 5DCA Nov. 2, 2018
People v. Zammora
The judgments and orders denying motions for a new trial, from which this appeal was taken, are, and each of them is, reversed, and the cause remanded. 		Criminal Law and Procedure 2DCA/1 Nov. 2, 2018
Sagadin v. Ripper
A negligence cause of action was pursued against social hosts under Business and Professions Code section 25658, which makes it a misdemeanor to furnish alcohol to a person under 21 years of age. The court held that the 1978 legislation applies prospectively only and consequently does not immunize social hosts found civilly liable for injuries resulting from an accident occurring before the January 1, 1979, effective date of the legislation. 		Torts 3DCA Nov. 2, 2018
People v. Grzymski
If a defendant does not appeal once a court modifies a sentence to eliminate the provision for a term of mandatory supervision, then that sentence will become final. 		Criminal Law and Procedure 1DCA/1 Nov. 1, 2018
Amended Opinion: ABS Entertainment v. CBS Corp.
Remastered sound recordings that do not add or remove any sounds or change the sequences of sounds lack originality and thus, are not eligible for independent copyright protection as a derivative work. 		Copyright 9th Nov. 1, 2018
Mann v. County of San Diego
In order for a governmental agency to perform an investigatory medical examination of a child, they must first notify the child's parents and gain their consent or get judicial authorization. 		Civil Rights 9th Nov. 1, 2018
Knox v. Brnovich
Arizona's 2016 election law not preempted by federal law because Congress did not intend to regulate the uncompensated carriage of mail and the regulation exempted United States postal workers. 		Constitutional Law 9th Nov. 1, 2018
Brown v. Ralphs Grocery Company et al.
Plaintiff's notice under Labor Code Section 2699.3(a) was not adequate except for one allegation because it was a string of legal conclusions and did not allege 'facts and theories.' 		Labor Law California Courts of Appeal Nov. 1, 2018
People v. Paulsell
The California Supreme Court, in an opinion that, to this day, put references to "common sense" off-limits for jury instructions on reasonable doubt, said, "the phrase 'common sense' is about as uncertain as any phrase in the language. 		Criminal Law and Procedure CASC Nov. 1, 2018
People v. Shaw
There is nothing unfair or prejudicial in the argument made, and the appeal to the jurors to use their common sense demonstrates a lack of intention to inflame or prejudice their minds 		Criminal Law and Procedure California Courts of Appeal Nov. 1, 2018
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.