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
California Union Square L.P. v. Saks & Co. LLC
Arbitrators are limited by and may not modify the terms of an agreement to arbitrate.
Arbitration 1DCA/3 Jun. 15, 2020
People v. Sandoval
A jury instruction cannot be judged on the basis of one or two phrases plucked out of context.
Criminal Law and Procedure 5DCA Jun. 15, 2020
Horne v. Ahern Rentals, Inc.
Hirer is only liable for injury to employee of contractor if hirer exercised control over safety conditions at worksite in way that 'affirmatively' contributed to employee's injuries.
Torts 2DCA/8 Jun. 12, 2020
Taylor v. Traylor
Contemporaneous time records are the best evidence of lawyers' hourly work and, though not indispensable, eclipse other proofs.
Attorneys 2DCA/8 Jun. 12, 2020
Farina v. SAVWCL III, LLC
Defendants did not purposefully avail themselves to California forum's benefits because they did not know their actions were somehow connected to California.
Civil Procedure 2DCA/8 Jun. 12, 2020
People v. Padilla
Proposition 57 applies retroactively to juveniles tried as adults whose judgments are not final; thus, appellant was entitled to transfer hearing.
Juveniles 2DCA/4 Jun. 12, 2020
People v. Hughes
Penal Code Section 1054(f) requires prosecutors to disclose to the defense the substance of an expert's testimony, prior to testifying.
Criminal Law and Procedure 4DCA/2 Jun. 12, 2020
Pulte Home Corp. v. CBR Electric, Inc.
Trial court misapplied law governing equitable subrogation and insurance company satisfied all the elements of equitable subrogation.
Contracts 4DCA/2 Jun. 12, 2020
U.S. v. Perez
District court improperly instructed jury on extraterritorial application of Violent Crimes in Aid of Racketeering statute because California's attempted murder statute does not reach foreign conduct.
Criminal Law and Procedure 9th Jun. 12, 2020
Blixseth v. Credit Suisse
Exculpation clause was valid because it covered only liabilities arising from the bankruptcy proceedings and not the discharged debt.
Bankruptcy 9th Jun. 12, 2020
Fast Trak Investment v. Sax
Order
9th Jun. 12, 2020
Modification: People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death.
Criminal Law and Procedure 5DCA Jun. 12, 2020
Modification: People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances.
Criminal Law and Procedure 1DCA/3 Jun. 11, 2020
Modification: Willow Glen Trestle Conservancy v. City of San Jose
City's actions in connection with Streambed Alteration Agreement could not be construed as 'approval of project' requiring further environmental review under CEQA.
Environmental Law 6DCA Jun. 11, 2020
Trejo v. County of Los Angeles
Plain language of County's Civil Service Rules did not authorize Sheriff's Department's practice of extending probation by re-assigning deputies under investigation to administrative duty.
statutory_interpretation 2DCA/1 Jun. 11, 2020
Stanley v. Superior Court (People)
Health quarantines to prevent spread of infectious diseases have long been recognized as good cause for continuing trial dates.
Criminal Law and Procedure 1DCA/4 Jun. 11, 2020
Spikener v. Ally Financial, Inc.
Under Holder Rule, debtor's recovery, including any attorney fees based on Holder Rule claim, cannot exceed amount debtor paid under the contract.
Consumer Law 1DCA/5 Jun. 11, 2020
People v. Tran
Expert's videos were analogous to charts and were used to help others understand surveillance footage; thus, videos were not subject to 'Kelly-Frye' test.
Evidence 4DCA/1 Jun. 11, 2020
Nguyen v. Endologix, Inc.
Under Private Securities Litigation Reform Act's 'strong inference' standard, scienter cannot be established through implausible allegations.
Securities 9th Jun. 11, 2020
Pacific Coast Horseshoeing School v. Kirchmeyer
California's Private Postsecondary Education Act read in its entirety burdened plaintiffs' rights under the First Amendment.
Civil Rights 9th Jun. 11, 2020
In re Lenore L. Albert-Sheridan
Discovery sanctions were dischargeable debt because they were not payable to and for the benefit of governmental unit and were compensation for pecuniary losses.
Bankruptcy 9th Jun. 11, 2020
People v. Rosas
Probation exception for warrantless searches is inapplicable if police are unaware of probation search condition at the time.
Criminal Law and Procedure 2DCA/6 Jun. 10, 2020
People v. Johns
Senate Bill 1437 addressed distinct areas of the law, which left Proposition 7 and Proposition 115 in the power of the Legislature to amend.
statutory_interpretation 4DCA/2 Jun. 10, 2020
North Murrieta Community, LLC v. City of Murrieta
City had authority to impose generally applicable mitigation fees because plaintiff agreed to modify its rights under vesting tentative map.
Contracts 4DCA/2 Jun. 10, 2020
People v. Whalum
Possessing unauthorized cannabis in prison in violation of Penal Code Section 4573.8 was not affected by Proposition 64's legalization of possession of 28.5 grams of cannabis.
Criminal Law and Procedure 4DCA/1 Jun. 10, 2020
People v. Jessup
Attaching gang enhancement to marijuana-related felony conviction does not render that conviction ineligible for Proposition 64 redesignation.
statutory_interpretation 2DCA/6 Jun. 10, 2020
DeHoyos v. Superior Court (People)
Trial court impermissibly refused to allow contact with jurors who agreed to speak to defendant's representatives in the past.
Civil Procedure 4DCA/3 Jun. 10, 2020
Fadeeff v. State Farm General Insurance Co.
Under 'genuine dispute' rule, in context of bad faith claims, summary judgment is only appropriate where basis for insurer's denial is indisputably reasonable.
Civil Procedure 1DCA/2 Jun. 10, 2020
Williams v. U.S. Bancorp Investments, Inc.
Collateral estoppel does not bar absent member in putative class that was initially certified, but later decertified, from subsequently pursuing identical class action.
Civil Procedure 1DCA/4 Jun. 10, 2020
Lomax v. Ortiz-Marquez
Prison Litigation Reform Act prohibits in forma pauperis litigation for prisoners with prior suits dismissed on specific grounds, with or without prejudice.
statutory_interpretation USSC Jun. 9, 2020