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

REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Quiles v. Parent
Federal law applies when determining a plaintiff's entitlement to costs, and the types of costs that may be recovered under the federal Fair Labor Standards Act of 1938. 		Civil Procedure 4DCA/3 Nov. 6, 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
Raam Construction, Inc. v. Occupational Safety and Health etc.
A trial court correctly deemed a petition as untimely, where the petitioner filed five days after the expiration of the statute of limitations; and petitioner's argument that the statute was ambiguous was rejected. 		Civil Procedure 1DCA/3 Oct. 29, 2018
A.G. v. County of Los Angeles
As the moving party for summary judgment, defendants in wrongful death action brought by non-biological child of decedent have burden or rebutting parentage presumption to challenge standing. 		Civil Procedure 2DCA/7 Oct. 22, 2018
Pagnini v. Union Bank, N.A.
Counsel's mistake in misapprehending the time for filing an amended complaint was 'functional equivalent' of a default; thus, trial court erred in denying appellant's motion under Code of Civil Procedure Section 473(b). 		Civil Procedure 1DCA/5 Oct. 19, 2018
Beach and Bluff Conservancy v. City of Solana Beach
Code of Civil Procedure Section 30801 provides that a person may file a Section 1094.5 petition for a writ of mandate for final decisions or actions made by the Commission. 		Civil Procedure 4DCA/1 Oct. 18, 2018
SEC v. Stein
Four factors must be met for a party to invoke a defendant's criminal conviction as the basis for offensive nonmutual issue preclusion. 		Civil Procedure 9th Oct. 12, 2018
Martinez v. Eatlite One, Inc.
To determine whether plaintiff obtained more favorable judgment than Civil Procedure Section 998 offer, pre-offer costs and fees are added to both the verdict and the 998 offer. 		Civil Procedure 4DCA/3 Oct. 5, 2018
Kerley v. Weber
A debtor may specify how his or her 'performance' should be credited by communicating his or her intention to the creditor at the time of performance. 		Civil Procedure 2DCA/2 Oct. 5, 2018
Hawkins v. The Kroger Company
Plaintiff in Unfair Competition and False Advertising suit possessed standing where she demonstrated causation - namely that she relied upon a mislabeling in purchasing a certain produce - in addition to injury. 		Civil Procedure 9th Oct. 5, 2018
The Inland Oversight Committee v. City of San Bernardino
Res judicata barred appellants' claim that proposed changes in development were not 'minor modifications' pursuant to the process adopted in the Second Addendum, thus violating the California Environmental Quality Act. 		Civil Procedure 4DCA/2 Oct. 1, 2018
Payton v. CSI Electrical Contractors
In a motion seeking certification of a class, the existence of any common policy is not sufficient to show that common issues predominate. 		Civil Procedure 2DCA/2 Oct. 1, 2018
Fidelitad Inc. v. Insitu Inc.
A private entity must be involved in an effort to assist, or to help carry out, the duties of a federal superior in order to invoke 28 U.S.C. Section 1442(a)(1). 		Civil Procedure 9th Sep. 26, 2018
InfoSpan Inc. v. Emirates NBD Bank PJSC
Party does not waive personal jurisdiction objection by fully litigating matter after bringing personal jurisdiction dismissal motion to adverse ruling. 		Civil Procedure 9th Sep. 10, 2018
King v. Great American Chicken Corp.
The district court's finding that plaintiff proved by a preponderance of the evidence that 'greater than two-thirds' of the putative class members were California citizens was not supported by sufficient evidence. 		Civil Procedure 9th Sep. 7, 2018
Hansen v. Group Health Cooperative
District court's exercise of subject matter jurisdiction was reversed where it dismissed claims state law claims that 'pose important public policy issues under state law.' 		Civil Procedure 9th Sep. 5, 2018
Mack v. All Counties Trustee Services, Inc.
Appellant bears burden of providing adequate record on appeal demonstrating error; where sparse record below and in appellate briefing fails to do so, court must resolve issue against appellant. 		Civil Procedure 2DCA/1 Sep. 4, 2018
Martinez v. Landry's Restaurants, Inc.
It is not 'impracticable' to pursue discovery during the time in which a case is remanded to state court after removal until the time that order is affirmed by the Court of Appeal. 		Civil Procedure 2DCA/7 Aug. 30, 2018
G&G Productions v. Rusic
Under California Civil Procedure Code Section 361, Appellant's cause of action was time-barred in California because it would have been time barred in Italy. 		Civil Procedure 9th Aug. 30, 2018
GameStop, Inc. v. Superior Court
District attorney is not 'party' to litigation, and acts in capacity as state officer when bringing enforcement action of Secondhand Dealers Law; thus transfer to neutral county under Code of Civil Procedure Section 394 not warranted. 		Civil Procedure 4DCA/2 Aug. 24, 2018
Sun v. Advanced China Healthcare
Party arguing against contractual forum-selection clause must lift heavy burden; where enforcement does not make trial 'gravely difficult' or contravene 'strong public policy,' and contract was not product of 'fraud or overreaching,' clause should be enforced. 		Civil Procedure 9th Aug. 23, 2018
Kingsbury v. U.S.
Federal Rule of Civil Procedure 58's requirement that a separate document be filed upon entry of judgment applies in proceedings under 28 U.S.C. Section 2255. 		Civil Procedure 9th Aug. 22, 2018
Levingston v. Kaiser Foundation Health Plan
Counsel's lack of credibility concerning failure to file an opposition to summary judgment does not make the failure willful and thus court's grant of terminating sanctions was abuse of discretion. 		Civil Procedure 4DCA/2 Aug. 21, 2018
Modification: Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law. 		Civil Procedure 2DCA/1 Aug. 17, 2018
Rangel v. PLS Check Cashers of California, Inc.
Broad settlement of state-court class action covering all potential claims 'factually-related' to resolved claims bars subsequent federal action on same facts, though federal claims may not have been able to be brought in earlier suit. 		Civil Procedure 9th Aug. 17, 2018
Bianka M. v. Superior Court
An action for sole custody may proceed even if one parent cannot be joined as a party, provided that the absent parent has received adequate notice 		Civil Procedure CASC Aug. 17, 2018
Hall v. Dept. of Motor Vehicles
'Successful party,' for purposes of Code of Civil Procedure Section 1021.5 attorney fee award provision, must achieve 'primary litigation goal.' 		Civil Procedure 4DCA/1 Aug. 16, 2018
Modification: B.B. v. County of Los Angeles
Judgment imposing liability on defendant for 'entire' award despite jury's 'comparative fault' allocation vacated in part where Civil Code Section 1431.2 requires liability in proportion to comparative fault. 		Civil Procedure 2DCA/3 Aug. 13, 2018
Knutson v. Foster
Testimony of single witness, even plaintiff, may rightly support noneconomic, emotional distress damages. 		Civil Procedure 4DCA/3 Aug. 10, 2018
LAOSD Asbestos Cases
Court abused its discretion by denying all costs requested by the prevailing party in a strict product liability claim, where the plaintiff's inability to pay was considered by the court. 		Civil Procedure 2DCA/4 Aug. 10, 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.