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
State of Cal. ex rel. Edelweiss v. JP Morgan Chase
Trial court properly dismissed plaintiff's second amended complaint for failure to timely serve respondents because plaintiff's extended period of sealing could not be considered a cause beyond plaintiff's control.
Civil Procedure 1DCA/4 Dec. 24, 2020
People v. Brooks
Defendant's petition for resentencing under Penal Code Section 1170.91(b)(1) was properly denied because defendant agreed to specific term of years in plea bargain and court cannot modify those terms.
Criminal Law and Procedure 1DCA/4 Dec. 24, 2020
People v. Scott
Defendant's petition to vacate his attempted murder conviction was dismissed because his appellate counsel's brief raised no issues and Penal Code Section 1170.95 only applies to murder convictions.
Criminal Law and Procedure 4DCA/2 Dec. 24, 2020
Ko v. Maxim Healthcare Services, Inc.
Parents' virtual presence during their son's abuse through real-time audiovisual connection satisfied requirement in 'Thing v. La Chusa' of contemporaneous presence for bystander negligent infliction of emotional distress liability.
Torts 2DCA/7 Dec. 24, 2020
State of California v. Pain Management Specialist Medical Group
Insurance company's qui tam action against surgical center was not subject to arbitration because it was brought on behalf of the state, which was not a party to their contract.
Arbitration 2DCA/6 Dec. 23, 2020
Rojas-Cifuentes v. Superior Court (American Modular Systems)
Trial court erred in granting respondent's motion for summary adjudication because petitioner's Private Attorneys General Act notice supplied sufficient facts and theories to support his claims.
Labor Law 3DCA Dec. 23, 2020
Conservatorship of Navarrete
Trial court did not have authority to order disabled adult conservatee to attend joint therapy sessions with her estranged father against her will.
Conservatorship 4DCA/2 Dec. 23, 2020
Modification: Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed.
Real Property 2DCA/2 Dec. 23, 2020
Amended Opinion: NAEC v. USDOI
National Environmental Policy Act provides reasonable notice that intended scope encompassed actual future lease sales.
Environmental Law 9th Dec. 23, 2020
State Farm General Insurance Co. v. Oetiker, Inc.
As applied to nonbuilders, Right to Repair Act's 10-year statute of repose does not cover claims based on strict liability and breach of implied warranty.
statutory_interpretation 2DCA/6 Dec. 22, 2020
11 Lagunita, LLC v. California Coastal Commission
There was no abuse of discretion in California Coastal Commission's $1 million administrative penalty against plaintiffs for violating Coastal Development Permit.
Administrative Agencies 4DCA/3 Dec. 22, 2020
Waterwood Enterprises, LLC v. City of Long Beach
Trial court abused its discretion in finding that defendant--who lost the only cause of action in the case-- was the prevailing party.
Contracts 2DCA/1 Dec. 22, 2020
In re A.G.
When considering terminating parental rights, juvenile court should exercise caution before denying parent a contested hearing and should construe parent's offer of proof liberally.
Dependency 6DCA Dec. 22, 2020
Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed.
Real Property 2DCA/2 Dec. 22, 2020
U.S. v. Al-Nouri
Order
9th Dec. 22, 2020
Amended Opinion: Southcentral Foundation v. Alaska Native Tribal Health Consortium
Infringement of governance and participation rights was a sufficiently concrete and particularized injury in fact sufficient to confer Article III standing.
Constitutional Law 9th Dec. 22, 2020
Nguyen v. Barr
Board of Immigration Appeals properly concluded that petitioner's proposed social group comprised of 'known drug users' was not legally cognizable because it lacked particularity.
Immigration 9th Dec. 22, 2020
Amended Opinion: Smith v. Baker
Petitioner successfully argued his counsel's performance was deficient but failed to show he was prejudiced by it.
Criminal Law and Procedure 9th Dec. 22, 2020
Danville Christian Academy, Inc. v. Beshear
Order
USSC Dec. 21, 2020
Trump v. New York
Plaintiffs had not suffered concrete harm from President's memorandum requesting Secretary to exclude undocumented immigrants from apportionment base following census.
Constitutional Law USSC Dec. 21, 2020
Dept. of Human Resources v. International Union of Operating Engineers
Arbitrator's conclusion that once employee requests purge of negative materials in personnel file, those files cannot be used to support adverse action violated public policy related to civil service employment.
Arbitration 5DCA Dec. 21, 2020
City of Fresno v. Fresno Building Healthy Communities
Trial court incorrectly concluded that the term 'local government' as used in Article XIII C, Section 2(d) of the California Constitution includes the electorate.
Government 5DCA Dec. 21, 2020
People v. Palacios
Trial court properly denied defendant's petition for resentencing under Penal Code Section 1170.95 because defendant had not established a prima facie case for relief.
Criminal Law and Procedure 4DCA/2 Dec. 21, 2020
Dr. Seuss Enterprises v. ComicMix LLC
Defendants' use of Dr. Seuss's copyrighted works, including the book 'Oh, the Places You'll Go!' was not fair use.
Copyright 9th Dec. 21, 2020
People v. Gentile
Senate Bill 1437 bars conviction of second degree murder under theory that defendant aided and abetted a crime, the natural and probable consequence of which was murder.
statutory_interpretation CASC Dec. 18, 2020
Malek Media Group LLC v. AXQG Corp.
Trial court properly confirmed arbitration award because arbitrator was not required to disclose his prior relationship with LGBTQ rights organization.
Arbitration 2DCA/3 Dec. 18, 2020
People v. Estrada
Trial court properly construed Penal Code Section 1170.91(b)(1) as applicable only to defendants serving determinate sentences; thus, defendant was ineligible for resentencing.
statutory_interpretation 1DCA/5 Dec. 18, 2020
Modification: Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action.
Civil Procedure 5DCA Dec. 18, 2020
Beverly Oaks v. Blue Cross & Blue Shield
Plaintiff, an assignee of its patients, sufficiently alleged that defendant waived an anti-assignment provision in ERISA plan documents as a reason for denying the benefits claim.
Health Care 9th Dec. 18, 2020
Transunion LLC v. Ramirez
Order
USSC Dec. 17, 2020