For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

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
Williams v. Pennsylvania
Judge's recusal required where judge's prior involvement in case as state district attorney who approved of death penalty carried impermissible risk of actual bias against defendant. 		Criminal Law and Procedure Jun. 9, 2016
Dietz v. Bouldin
District court properly exercised its limited inherent power to rescind jury discharge order and recall jury in this run-of-the-mill civil case to correct easily identified and fixable mistake. 		Civil Procedure Jun. 9, 2016
Commonwealth of Puerto Rico v. Valle
Puerto Rico cannot avail of dual-sovereign doctrine that would have allowed successive prosecution of illegal firearms sale that violated Puerto Rico Arms Act and analogous U.S. gun trafficking statutes. 		Criminal Law and Procedure Jun. 9, 2016
People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation. 		Criminal Law and Procedure Jun. 9, 2016
People v. Arredondo
Did law enforcement violate the Fourth Amendment by taking a warrantless blood sample from defendant while he was unconscious, or was the search and seizure valid because defendant expressly consented to chemical testing when he applied for a driver's license (see Veh. Code, Section 13384) or because defendant was "deemed to have given his consent" under California's implied consent law (Veh. Code, Section 23612)? Did the People forfeit their claim that defendant expressly consented? If the warrantless blood sample was unreasonable, does the good faith exception to the exclusionary rule apply 		Jun. 9, 2016
H. (T.) v. Novartis Pharmaceuticals Corporation
May the brand name manufacturer of a pharmaceutical drug that divested all ownership interest in the drug be held liable for injuries caused years later by another manufacturer's generic version of that drug? 		Jun. 9, 2016
Sweetwater Union School District v. Gilbane Building Company
(1) Is testimony given in a criminal case by persons who are not parties in a subsequent civil action admissible in that action to oppose a special motion to strike? (2) Is such testimony subject to the conditions in Evidence Code section 1290 et seq. for receiving former testimony in evidence? 		Jun. 9, 2016
People v. Aguayo
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, Section 10851), because it is a lesser included offense of Penal Code Section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18? 		Jun. 9, 2016
People v. Barnes
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, Section 490.2), apply to theft of access card information in violation of Penal Code Section 484e, subdivision (d)? 		Jun. 9, 2016
People v. Bolander
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code Section 1170.18, subdivision (d), upon resentencing under Proposition 47? 		Jun. 9, 2016
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. 		Native American Affairs Jun. 9, 2016
DeNoce v. Neff (In re Neff)
Dentist may discharge of state court judgment despite allegation of fraudulent transfer because transfer occurred more than one year from chapter 7 bankruptcy filing. 		Bankruptcy Jun. 9, 2016
Yamada v. Nobel Biocare Holding AG
Judicial efficiency eclipsed defendant's fundamental right to inspect and challenge documents supporting fee award, requiring vacatur and remand of award. 		Torts Jun. 9, 2016
Sifuentes v. Brazelton
Convicted murderer not entitled to habeas relief where California appellate court's rejection of 'Batson' claims were not objectively unreasonable under doubly-deferential standard of review. 		Criminal Law and Procedure Jun. 9, 2016
Peruta v. County of San Diego
Counties in California that require concealed carry weapon applicants to demonstrate 'good cause' do not violate constitution where Second Amendment does not guarantee members of the general public the right to carry concealed weapons in public. 		Constitutional Law Jun. 9, 2016
Nickerson v. Stonebridge Life Insurance Co.
'Brandt' fees may be included in calculation of punitive-compensatory damages ratio in determining constitutionality of punitive damages award regardless of whether fees were awarded postverdict. 		Insurance Jun. 9, 2016
San Diegans for Open Government v. City of San Diego
In action seeking disclosure of e-mails under Public Records Act, application of incorrect legal standard results in remand of city's sanctions motion. 		Public Records Act Jun. 8, 2016
People v. Eulian
Off-duty firefighter who punched cat lady into unconsciousness cannot escape assault and battery convictions based on allegedly erroneous self-defense jury instructions. 		Criminal Law and Procedure Jun. 8, 2016
Rondon v. Hennessy Industries Inc.
Judgment in favor of manufacturer of brake arcing machines reversed where plaintiff raises triable issue as to whether 'inevitable use' standard was met. 		Torts Jun. 8, 2016
Caltex Plastics v. Lockheed Martin
Federal common law, with high bar for intended third-party beneficiary showing, governs in contract dispute involving defense manufacturer Lockheed. 		Contracts Jun. 8, 2016
Ruiz v. Snohomish County Public Utility District No. 1
Res judicata does not apply to judgment that is based on both lack of jurisdiction and a merits determination. 		Civil Rights Jun. 8, 2016
Erler v. Erler
Sponsor of immigrant has obligation to provide immigrant with support based on immigrant's income, rather than combined income of immigrant and immigrant's son. 		Immigration Jun. 8, 2016
Lyons v. Michael & Assocs.
Under 'discovery rule,' statute of limitations does not begin to run until potential plaintiff knows or should know of action brought against her improperly. 		Civil Procedure Jun. 8, 2016
Vaquero v. Ashley Furniture
Where complaint alleges company violated law in same way as to each member of a large class of employees, class certification is proper. 		Civil Procedure Jun. 8, 2016
Currie v. McDowell
Denial of habeas corpus reversed where prosecutor once again removes African American juror via peremptory strike based on race. 		Criminal Law and Procedure Jun. 8, 2016
Cheffins v. Stewart
Bus decorated as Spanish galleon for Burning Man was "applied art" because it was largely utilitarian in nature; not protected under Visual Artists Rights Act. 		Statutory Interpretation Jun. 8, 2016
United Educators of San Francisco AFT/CFT, AFL-CIO, NEA/CTA v. California Unemployment Insurance Appeals Board (San Francisco Unified School District)
Public school employees who received reasonable assurance of continued employment for following school year properly found ineligible for unemployment benefits for intervening summer break. 		Employment Law Jun. 7, 2016
People v. Hall
Order denying Proposition 47 resentencing affirmed where petitioner fails to show court abused discretion in finding him an unreasonable risk of danger to public safety. 		Criminal Law and Procedure Jun. 7, 2016
Kinda v. Carpenter
Erroneous evidentiary ruling that resulted in disposition of defamation claim warrants reversal of verdict in favor of landlord accused of posting negative Yelp reviews about tenant. 		Torts Jun. 7, 2016
In re Noah G.
Order terminating parental rights affirmed where evidence insufficient under beneficial parental relationship exception to demonstrate termination would be detrimental to children. 		Juveniles Jun. 7, 2016
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.