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
People v. Stockman
Although there is no basis for model jury instructions CALCRIM No. 2100 and CALCRIM No. 2110 to differ from one another regarding whether defendant was under the influence, any error was harmless.
Criminal Law and Procedure 4DCA/2 Nov. 4, 2020
Manson Construction Co. v. County of Contra Costa
Vessel Use Exemption to property taxation did not apply to plaintiff's vessels, which were not 'engaged in the transportation of freight' within the meaning of the exemption.
Tax 1DCA/3 Nov. 4, 2020
Taylor v. Riojas
No reasonable correctional officer could have concluded it was constitutionally permissible to house naked inmate in feces-covered cell for six days.
Constitutional Law USSC Nov. 4, 2020
Mckesson v. Doe
Fifth Circuit should not have ventured into uncertain area of tort law without first seeking guidance on controlling state law from state's supreme court.
Constitutional Law USSC Nov. 4, 2020
National Football League v. Ninth Inning, Inc.
Order
USSC Nov. 4, 2020
Grigsby v. BofI Holding
District court erred by concluding that article containing information obtained through Freedom of Information Act request could not qualify as corrective disclosure for purposes of establishing loss causation.
Securities 9th Nov. 4, 2020
Niedermeier v. FCA US LLC
Plaintiff's restitution award under Song-Beverly Consumer Warranty Act was reduced to account for credit plaintiff received towards purchase price of new vehicle when she traded in her defective vehicle.
Remedies 2DCA/1 Nov. 3, 2020
People v. Kruse
Because jury was instructed on the way of violating Penal Code Section 69 that does not necessarily include violation of Section 148(a)(1), court properly refused to instruct on latter as lesser included offense.
Criminal Law and Procedure 4DCA/1 Nov. 3, 2020
Hoffmann v. Young
Defendant's express invitation of plaintiff to come onto his parents' property operated as express invitation by landowner under Civil Code Section 846(d)(3) and thereby stripped defendant's parents of immunity.
Torts 2DCA/6 Nov. 3, 2020
Pinto Lake MHP LLC v. County of Santa Cruz
Trial court properly concluded that residents of mobile home park were necessary parties to owner's lawsuit seeking rent increase but remand was necessary to determine whether lawsuit should proceed in residents' absence.
Civil Procedure 6DCA Nov. 3, 2020
People v. Roldan
Defendant's Penal Code Section 1170.95 petition for resentencing was properly denied because he was convicted under actual implied malice theory, not malice imputed under natural and probable consequences doctrine.
Criminal Law and Procedure 2DCA/1 Nov. 3, 2020
People v. Reyes
Attempting to dissuade witness from reporting crime under Penal Code Section 136.1(b)(1) applies only to dissuasion of reports about completed crimes, not future crimes.
statutory_interpretation 1DCA/4 Nov. 3, 2020
People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling.
Criminal Law and Procedure 1DCA/5 Nov. 3, 2020
People v. Lopez
Penal Code Section 1170.95 requires the prosecutor to prove beyond a reasonable doubt each element of first or second degree murder under current law in order to establish ineligibility.
statutory_interpretation 6DCA Nov. 3, 2020
Coleman v. Saul
Administrative law judge did not err in discounting claimant's testimony based on her finding that claimant had engaged in drug-seeking behavior.
Administrative Agencies 9th Nov. 3, 2020
Deiro v. L.A. County Civil Service Commission
Civil Service Commission properly dismissed plaintiff's appeal because it had no jurisdiction to order reinstatement to a retired person whose future status as an employee is no longer at issue.
Administrative Agencies 2DCA/8 Nov. 2, 2020
Modification: People v. Zorich
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950.
Criminal Law and Procedure 4DCA/3 Nov. 2, 2020
Levine v. Berschneider
Sanctions were proper against attorney who told court that he received no word from opposing counsel at hearing to enforce settlement agreement even though settlement was paid in full.
Civil Procedure 2DCA/6 Nov. 2, 2020
Luxury Asset Lending v. Philadelphia Television Network
Trial court erred in denying defendant's motion to vacate and set aside default judgment as untimely because defendant had limited resources and was facing litigation on three fronts.
Civil Procedure 4DCA/3 Nov. 2, 2020
Arrow Highway Steel, Inc. v. Dubin
Code of Civil Procedure Section 351 violates Dormant Commerce Clause as applied to defendants who move out of California to operate businesses engaged in interstate commerce.
Constitutional Law 2DCA/2 Nov. 2, 2020
Olson v. Lyft, Inc.
'Iskanian v. CLS Transportation Los Angeles, LLC's holding was applicable to invalidate PAGA waivers and Supreme Court's holding in 'Epic Systems Corp. v. Lewis' did not overrule it.
Arbitration 1DCA/2 Nov. 2, 2020
People v. Pack-Ramirez
Conditional remand for primary caregiver diversion eligibility hearing was denied because program is only offered upon written agreement of judge, prosecuting entity and public defender.
statutory_interpretation 3DCA Nov. 2, 2020
People v. Lopez
Proposition 57 applies retroactively to juveniles whose judgment is not final and because defendant was resentenced under Penal Code Section 1170(d)(1), his new sentence was not final.
statutory_interpretation 1DCA/4 Nov. 2, 2020
Medina-Rodriguez v. Barr
Applying time-of-conviction rule, petitioner's conviction qualified as aggravated felony because California and federal definitions of marijuana were identical at time of his conviction.
Immigration 9th Nov. 2, 2020
Republican Party of Pennsylvania v. Boockvar
Order
USSC Oct. 30, 2020
Moore v. Circosta
Order
USSC Oct. 30, 2020
People v. Ruiz
Defendant's confrontation clause rights were not violated when trial court admitted minor's out-of-court statements to social worker into evidence, because social worker's primary purpose was to assess child's safety.
Criminal Law and Procedure 1DCA/2 Oct. 30, 2020
Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.
Civil Procedure 4DCA/3 Oct. 30, 2020
In re D.N.
Juvenile court erroneously believed it lacked authority to grant father's continuance request to extend his reunification services under Welfare and Institutions Code Section 352.
Dependency 2DCA/1 Oct. 30, 2020
Miles v. City of Los Angeles
Wage Order No. 9 only applies to workers in transportation industry and sanitation workers do not become part of transportation industry simply because they transport waste.
Labor Law 2DCA/1 Oct. 30, 2020