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
R.V., a Minor
Father’s sexual abuse of daughter in presence of son provides basis for juvenile court’s jurisdiction over son for substantial risk of sexual abuse.
Juveniles Aug. 21, 2012
Sparks v. Vista del Mar Child and Family Services
Former employee is not bound by arbitration clause, which was included in lengthy employee handbook and employee did not specifically acknowledge.
Employment Law Aug. 21, 2012
Diepenbrock v. Brown
Sanctions are improperly imposed where split in authority on disputed issue created substantial justification for party to oppose motion.
Civil Procedure Aug. 21, 2012
Peabody v. Time Warner Cable, Inc.
Order
Aug. 20, 2012
Universal City Studios Credit Union v. Cumis Insurance Society Inc.
Credit union is not covered by insurance policy because it failed to follow security measures expressed in policy and transferred money to imposter.
Insurance Aug. 20, 2012
C.W., a Minor
Before entering dispositional order, minor who was eligible for deferred entry of judgment must be given notice, and juvenile court must consider suitability.
Juveniles Aug. 17, 2012
People v. Chiu
Order
Aug. 17, 2012
People v. E*Poly Star
Order
Aug. 17, 2012
Esper v. S.C. (People)
Order
Aug. 17, 2012
People v. Caballero
Sentence of life in prison without parole for non-homicide juvenile offender constitutes cruel and unusual punishment under Eighth Amendment.
Criminal Law and Procedure Aug. 17, 2012
Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC
Although homeowners' association did not exist independent of developer when recorded declaration was drafted, arbitration clause in declaration is enforceable against association.
Real Property Aug. 17, 2012
Hansen v. Board of Registered Nursing
No due process violation occurs where Board of Registered Nursing revoked license after serving nurse at last known address and nurse filed writ after deadline.
Administrative Agencies Aug. 17, 2012
Knox v. California State Employees Association
Order
Aug. 17, 2012
Sessoms v. Runnels
‘Davis’ rule that suspect must unambiguously request counsel is inapplicable when suspect has not yet waived his ‘Miranda’ rights.
Criminal Law and Procedure Aug. 17, 2012
U.S. v. Duenas
While police violated defendants' rights by allowing media onto property during execution of warrant, evidence is not excluded because media did not disturb evidence.
Criminal Law and Procedure Aug. 17, 2012
U.S. v. Stanley
Order
Aug. 17, 2012
Jones v. Ryan
Prosecutor's incorrect statement regarding kicked-in door did not amount to misconduct because discrepancy was immaterial and would not have undermined testimony.
Criminal Law and Procedure Aug. 17, 2012
Meruelo v. Commissioner of Internal Revenue
IRS may issue deficiency notice and pursue deficiency concerning affected item at partner-level even if no partnership-level proceeding has been instituted.
Taxation Aug. 17, 2012
Sollberger v. Commissioner of Internal Revenue
Transfer of floating rate notes in exchange for nonrecourse loan at 90 percent of notes' value constitutes sale, which triggers capital gains tax.
Taxation Aug. 17, 2012
Guardianship of Vaughan
In guardianship proceeding, ‘stable placement’ provision within Family Code Section 3041 is not dependent on child first being abandoned with nonparent.
Family Law Aug. 17, 2012
Dowling v. Farmers Insurance Exchange
Stipulated trial deadline for class action matter is tolled where language of stipulation contemplated future tolling events after agreement was drafted.
Civil Procedure Aug. 17, 2012
People v. Diaz
Failure to give cautionary instruction regarding evidence of criminal threats is harmless where jury would not have reached more favorable result had instruction been given.
Criminal Law and Procedure Aug. 17, 2012
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer.
Criminal Law and Procedure Aug. 17, 2012
Touchstone Television Productions v. Superior Court (Sheridan)
Actress may not sue for wrongful termination in violation of public policy based upon employer’s refusal to renew her employment contract.
Employment Law Aug. 17, 2012
U.S. v. Acosta-Sierra
Defendant who threw rock at federal officer is not guilty of assault where officer was not aware of threat of harm until after it had passed.
Criminal Law and Procedure Aug. 16, 2012
Aguilar-Turcios v. Holder
Petitioner is not removable where his conviction for using government computer to access pornographic websites is not ‘aggravated felony’ under modified categorical approach.
Immigration Aug. 16, 2012
Shuts v. Covenant Holdco LLC
Resident in understaffed nursing home may sue facility despite absence of language in administrative regulations because patient's rights cannot be waived.
Health Care Aug. 16, 2012
People v. Coleman
Order authorizing involuntary medication for purpose of restoring defendant to competence is sufficiently specific by implicitly relying on prior treatment plan.
Criminal Law and Procedure Aug. 16, 2012
Nemecek & Cole v. Horn
Arbitrator is not required to disclose participation in bar association committee even if attorney, who worked for defendant law firm, also participated.
Civil Procedure Aug. 16, 2012
Vieira Enterprises Inc. v. City of East Palo Alto
Plaintiff's substantive due process claim against city fails because it did not have property interest in manufactured homes that had become fixtures.
Real Property Aug. 16, 2012