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
Downing (Paul) on Habeas Corpus
Order 		May 24, 2012
Consolidated Irrigation District v. Superior Court (City of Selma)
Motion to augment record should have been granted because including tape recordings of meetings with no transcripts best promotes purposes of accountability and informed self-government. 		Environmental Law May 24, 2012
J.M., a Minor
Indian Child Welfare Act notices do not require inclusion of information about child’s great-great-grandparents. 		Native American Affairs May 24, 2012
California Pines Property Owners Association v. Pedotti
In dispute over water rights, 'best efforts' clause in contract requires rancher to act as reasonable person in comparable circumstances, not as fiduciary. 		Real Property May 24, 2012
Nitschke v. Belleque
Where state court ruling merely categorizes federal claim without reaching merits, decision is independent and adequate state ground precluding federal habeas review. 		Criminal Law and Procedure May 24, 2012
Fenenbock v. Director of Corrections for California
Defendant is not entitled to pre-trial access to minor witness where there was no evidence of prosecutorial interference with witness' decision to refuse access. 		Criminal Law and Procedure May 24, 2012
Boy Scouts of America v. Superior Court (Doe I)
Action under Code of Civil Procedure Section 340.1(a)(1)’s delayed discovery provision for claim of childhood sex abuse cannot be filed against entity defendant after plaintiff’s 26th birthday. 		Torts May 24, 2012
People v. Le
Trial court properly admits testimony regarding uncharged shootings, which described two prior incidents of gang members shooting at other gang members. 		Criminal Law and Procedure May 24, 2012
Ortega v. Topa Insurance Co.
Plaintiff fails to assert statutory violation because Insurance Code Section 758.2 does not prohibit two tiers of physical damage coverage by insurance providers. 		Insurance May 24, 2012
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility. 		Criminal Law and Procedure May 24, 2012
American Property Management Corp. v. Superior Court (U.S. Grant Hotel Ventures LLC)
Entity created by Indian tribe under California law, rather than tribal law, is not protected by tribal sovereign immunity 		Native American Affairs May 24, 2012
Shifren v. Spiro
Because attorney malpractice claim related to preparation of trust documents requires resolution of divorce proceeding, action did not accrue prior to determination in proceeding. 		Torts May 24, 2012
Frog Creek Partners LLC v. Vance Brown Inc.
Defendant construction company cannot recover attorney fees where it was not prevailing party, even if it successfully defeated motion to compel arbitration on earlier appeal. 		Civil Procedure May 24, 2012
Tarle v. Kaiser Foundation Health Plan Inc.
On appeal from summary judgment, party may not challenge rulings sustaining objections to her evidence, which she never submitted opposition to. 		Civil Procedure May 23, 2012
Stanley v. Superior Court (People)
Trial court reasonably believes that defendant consented to mistrial where jury was dismissed due to inability of multiple jurors to serve. 		Criminal Law and Procedure May 23, 2012
Health Net Inc v. RLI Insurance Co.
Dishonest acts exclusion does not preclude coverage for entirety of insured’s potentially covered claims against insurer, which sought reimbursement for costs in underlying lawsuits. 		Insurance May 23, 2012
Gillis v. Dental Board of California
Dental Board of California may discipline dentist for failure to return calls regarding mishandled procedure although conduct was not listed in Dental Practices Act. 		Administrative Agencies May 23, 2012
U.S. v. Romo-Chavez
Defendant’s admissions to police officers are not inadmissible under hearsay rule where translator who facilitated questioning would not qualify as court interpreter. 		Criminal Law and Procedure May 23, 2012
City of Palmdale v. State Board of Equalization (City of Pomona)
Proposed stipulated settlement vacating judgment, which faulted State Board of Equalization, is improper because public interest is served by reprimand of Board. 		Administrative Agencies May 23, 2012
Joey G., a Minor
Minor is incorrectly found to be ward of court where joint report by probation department and welfare department was not created and presented to court. 		Juveniles May 23, 2012
Lidow v. Superior Court (International Rectifier Corp.)
Under internal affairs doctrine, California law applies to corporate officer's claim for wrongful termination in violation of public policy. 		Corporations May 23, 2012
Oxford Street Properties LLC v. Rehabilitation Associates LLC
Bank’s interest does not attach where debtor lacked rights in collateral and there was no evidence that debtor intended to create security interest in collateral. 		Securities May 23, 2012
People v. Singh
Defendant does not have constitutional right to be personally present during jury deliberations when jury conducts experiment by reenacting situation. 		Criminal Law and Procedure May 23, 2012
Kerner v. Superior Court (Widom)
Finding of factual innocence cannot be collateral estoppel because such finding may not be considered as evidence in any action for any purpose. 		Civil Procedure May 22, 2012
Shady Tree Farms v. Omni Financial
Claimant must serve preliminary 20-day notice before filing materialman’s lien because it was under direct contract with development’s owner and furnished materials. 		Real Property May 22, 2012
Barker v. Hennessy Industries Inc.
In asbestos related wrongful death case, defendant manufacturer is correctly granted summary judgment where its machines could be used in a non-hazardous manner. 		Torts May 22, 2012
U.S. v. Milanovic
In proving breach of fiduciary duty as element of honest services mail fraud, trust relationship where one party acts for another's benefit and induces party to relax vigilance is sufficient. 		Criminal Law and Procedure May 22, 2012
U.S. v. Carpenter
Defendant fails to make timely and unequivocal request for self-representation where request was not made until after prosecution rested and defendant did not make request himself. 		Criminal Law and Procedure May 22, 2012
Jimenez v. Franklin
Defendants’ failure to challenge order holding defendants jointly and severally liable for fee award waives their ability to subsequently challenge that order. 		Civil Procedure May 22, 2012
McIntyre v. Sonoma Valley Unified School District
School district properly classifies teacher as temporary when number of probationary employees on leaves of absence exceeded number of temporary teachers. 		Education May 22, 2012
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.