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
Ramos v. Brenntag Specialties Inc.
Trial court errs in sustaining demurrer based on 'Maxton v. Western States Metals' interpretation of the component parts doctrine.
Civil Procedure Jun. 23, 2016
People v. Sanchez
In automatic appeal, murderer cannot escape death verdict despite reversal of one of 26 robbery convictions given commitment of numerous other crimes, including two murders.
Criminal Law and Procedure Jun. 23, 2016
Hernandez v. Muller (Restoration Hardware)
Must an unnamed class member intervene in the litigation in order to have standing to appeal? (See Eggert v. Pac. States S. & L. Co. (1942) 20 Cal.2d 199.)
Jun. 23, 2016
Cushfield Maintenance West v. Superior Court (Hall)
(1) Is the plaintiff in a representative action under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, Section 2698 et seq.) entitled to discovery of the names and contact information of other "aggrieved employees" at the beginning of the proceeding or is the plaintiff first required to show good cause in order to have access to such information?
Jun. 23, 2016
People v. Magana
(1) In light of an amendment to Health and Safety Code Section 11379 defining "transports" as transportation for sale (Stats. 2013, ch. 504, Section 2), was defendant's sentence improperly enhanced with a prior conviction for transporting a controlled substance? (2) Could defendant use a petition for recall of sentence under Penal Code Section 1170.18 to request the trial court to reduce his prior felony conviction for transportation of a controlled substance to a misdemeanor in light of the amendment to Health and Safety Code Section 11379?
Jun. 23, 2016
People v. Tate
Waiver of section 4019 good-time credits applies only to previously earned credits, not future credits.
Criminal Law and Procedure Jun. 22, 2016
People v. Aleman
Cronies fail to escape murder conviction in killing of 'big shot' they have had 'beef' with in light of compelling evidence against them.
Criminal Law and Procedure Jun. 22, 2016
Palm Springs Villas II Homeowners Association Inc. v. Parth
Lower court errs in granting summary judgment as issues of triable fact remain, determining appropriateness of business judgment rule protection.
Civil Procedure Jun. 22, 2016
Choi v. Mario Badescu Skin Care Inc.
Objectors fail to demonstrate that notice of settlement was rendered constitutionally infirm merely because publication was made once rather than four times.
Consumer Law Jun. 22, 2016
People v. Puerto
Defendant's 2013 assault conviction counts as 'strike' where offense could not be violated in a way that did not constitute a serious felony.
Criminal Law and Procedure Jun. 22, 2016
People v. Willover
Court does not abuse its discretion in denying juvenile homicide offender's petition for recall and resentencing of life without parole sentence.
Criminal Law and Procedure Jun. 22, 2016
Baquerizo v. Garden Grove Unified School District
Administrative law judge and district court properly denied reimbursement to guardian and his student in action under the Individual with Disabilities Education Act.
Education Jun. 22, 2016
U.S. v. Cisneros
Criminal's 15-year mandatory sentence imposed under Armed Career Criminal Act based on six prior Oregon convictions vacated on remand following U.S. Supreme Court's 'Johnson' decision.
Criminal Law and Procedure Jun. 22, 2016
Weisner v. Santa Cruz County Civil Service Commission (County of Santa Cruz)
County employee may maintain writ petition seeking back pay resulting from 2008 dismissal, which had been overturned, despite his 'resignation' from reinstated position.
Employment Law Jun. 22, 2016
Moore v. The Regents of the University of California
Former Marketing Director for University of California may maintain her discrimination and retaliation action against the Regents concerning her firing following diagnosis of heart condition.
Employment Law Jun. 21, 2016
Idaho Conversation League v. BPA
Return to previous system of fluctuating water levels does not violate NEPA because it does not constitute major change.
Environmental Law Jun. 21, 2016
Cardenas v. United States
Application of Justice Kennedy's concurrence from 'Kerry v. Din' results in affirmance of denial of United States citizen's complaint challenging denial of husband's visa application.
Immigration Jun. 21, 2016
Ukiah Citizens for Safety First v. City of Ukiah
City of Ukiah's certification of environmental impact report over proposed Costco warehouse and gas station premature given deficiencies concerning energy impacts.
Environmental Law Jun. 21, 2016
Loher v. Thomas
Failure to challenge grant of relief on petitioner's ineffective assistance of appellate counsel claim constitutes waiver, resulting in remand to fully address claim.
Criminal Law and Procedure Jun. 20, 2016
RJR Nabisco Inc. v. European Community
RICO applies to some foreign racketeering activity provided that offenses alleged in particular case violate a predicate statue that is itself extraterritorial.
Civil Procedure Jun. 20, 2016
Encino Motorcars LLC v. Navarro
Ninth Circuit erroneously placed controlling weight on Labor Department's interpretation of 29 U.S.C. Section 213(b)(10)(A), concerning overtime pay to car dealer service advisors under FLSA.
Labor Law Jun. 20, 2016
Miguel S., a Minor
Termination of presumed father's parental rights over children who possibly qualified as Indian children overturned due to noncompliance with Indian Child Welfare Act.
Native American Affairs Jun. 20, 2016
People for Proper Planning v. City of Palm Springs
Nonprofit group prevails in challenge to city's approval of resolution amending city's general plan to remove minimum density requirements for residential developments.
Environmental Law Jun. 20, 2016
Taylor v. United States
Conviction under the Hobbs Act affirmed where government satisfies commerce element by proving defendant committed robbery that targeted marijuana dealer's drugs or drug proceeds.
Criminal Law and Procedure Jun. 20, 2016
Cuozzo Speed Technologies, LLC v. Lee
Patent Office inter partes review nonappealable due to clear language of 35 U.S.C. §314(d).
Patent Law Jun. 20, 2016
Utah v. Strieff
Following illegal stop, drug-related evidence found on defendant during search incident to arrest admissible because discovery of arrest warrant attenuated connection between stop and evidence.
Constitutional Law Jun. 20, 2016
Butler v. LeBouef
Probate judgment invalidating will and trust upheld where attorney uses law license to take advantage of elderly and mentally infirm trustor to enrich himself.
Probate and Trusts Jun. 20, 2016
Innovention Toys, LLC v. MGA Entertainment, Inc.
Order
Jun. 20, 2016
WesternGeco LLC v. ION Geophysical Corp.
Order
Jun. 20, 2016
Floyd v. Alabama
Order
Jun. 20, 2016