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. Lopez
Defendant's motion to suppress blood test results properly denied because defendant voluntarily consented to test after receiving admonitions and did not object or resist.
Criminal Law and Procedure 3DCA Mar. 12, 2020
Mai v. U.S.
Prohibiting people whom state court committed involuntarily to mental institution from bearing arms was a reasonable fit with government's important interest in reducing gun violence.
Constitutional Law 9th Mar. 12, 2020
Victrola 89, LLC v. Jaman Properties 8 LLC
Parties may not use California law to circumvent an agreement to arbitrate under the FAA when the FAA has been incorporated into the agreement.
Arbitration 2DCA/4 Mar. 12, 2020
People v. Garcia
Defendant's felony murder special circumstance finding was reversed because prosecutor had to prove beyond reasonable doubt that defendant 'personally killed' victim.
Criminal Law and Procedure 6DCA Mar. 11, 2020
Jones v. Mississippi
Order
USSC Mar. 11, 2020
Pierson v. U.S.
Order
USSC Mar. 11, 2020
Skidmore v. Led Zeppelin
Under the 1909 Copyright Act, protection was circumscribed to the material actually deposited and nothing else could be used to show substantial similarity.
Copyright 9th Mar. 10, 2020
McAdory v. DNF Associates
Entity that meets 'principal purpose' definition of debt collector cannot avoid liability merely by hiring a third party to collect its debt.
Consumer Law 9th Mar. 10, 2020
County of Kern v. Alta Sierra Holistic etc.
Elections Code Section 9145, requiring county to 'entirely repeal ordinance' when valid referendum petition protesting ordinance was received, was not violated because there was a material change in regulation of marijuana dispensaries.
statutory_interpretation 5DCA Mar. 10, 2020
Facebook, Inc. v. Super. Ct.
Social media providers may defend against criminal subpoenas by either establishing an unjustified burden to produce or that the information is obtainable by other means.
statutory_interpretation 1DCA/5 Mar. 10, 2020
People v. Cervantes
Penal Code Section 1170.95's new felony murder definition is not automatic, rather the petitioning process is the exclusive means to seek relief under Senate Bill 1437.
Criminal Law and Procedure 4DCA/2 Mar. 10, 2020
People v. Graves
Trial court correctly determined that defendant should be punished under Penal Code Section 647.6(c)(2) based on his prior convictions because two prior felony convictions authorized court to impose four-year sentence on defendant.
statutory_interpretation 1DCA/3 Mar. 10, 2020
Modification: Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game.
Torts 2DCA/7 Mar. 10, 2020
Woods v. Dunn
Order
USSC Mar. 9, 2020
Matson v. S.B.S. Trust Deed Network
A party is not entitled to rescission of nonjudicial foreclosure sale absent evidence of irregularity, fraud or unfairness in nonjudicial foreclosure notice and sale proceedings.
Real Property 4DCA/1 Mar. 9, 2020
Zhang v. Chu
To prove malice in malicious prosecution claim, plaintiff must show defendant acted for purposes unrelated to merits of underlying claim.
Torts 2DCA/8 Mar. 9, 2020
People v. Kareem A.
Sanctions under Code of Civil Procedure Section 177.5 may apply to persons other than witnesses, parties, and parties' counsel that are involved in the proceedings.
Criminal Law and Procedure 2DCA/1 Mar. 9, 2020
Moofly Productions, LLC v. Favila
Cause of action for fraudulent transfer was not entitled to jury trial because it was essentially one in equity and relief sought depended upon application of equitable doctrines.
Civil Procedure 2DCA/1 Mar. 6, 2020
Brewer v. Remington
Granting summary judgment on statute of limitations grounds constituted an error of law because there were factual disputes about the statute-triggering injury.
Civil Procedure 5DCA Mar. 6, 2020
Innovation Law Lab v. Wolf
Migrant Protection Protocols, under which non-Mexican asylum seekers who present themselves at southern border of US are required to wait in Mexico while asylum applications are adjudicated, conflicts with Immigration Nationality Act.
Immigration 9th Mar. 6, 2020
Al Otro Lado v. Wolf
Stay of preliminary injunction against enforcement of rule requiring asylum-seekers to have sought asylum in another country that they passed through en route to southern border before seeking asylum was not warranted.
Immigration 9th Mar. 6, 2020
Lincoln Unified School Dist. v. Superior Court (Jones)
Petitioner's reason to justify relief from claim presentation requirement must have been the same reason advanced in the underlying application.
Government 3DCA Mar. 5, 2020
Siry Investment v. Farkhondehpour
Imposition of lesser sanctions is 'not an absolute prerequisite' to imposition of terminating sanctions for violation of court order.
Civil Procedure 2DCA/2 Mar. 5, 2020
Estate of Ashlock
Probate Code Section 859 contains a restorative obligation and a punitive penalty for the recovery of wrongfully taken real or personal property.
statutory_interpretation 5DCA Mar. 5, 2020
Swinomish Indian Tribal Community v. BNSF Railway Company
The Interstate Commerce Commission Termination Act did not repeal the Indian Right of Way Act which does not preempt an Indian Tribe's right to enforce an Easement Agreement.
Native American Affairs 9th Mar. 5, 2020
U.S. v. Jones
Petitioner's prior conviction for Colorado second-degree burglary of dwelling was conviction for violent felony, and therefore he was properly subject to Armed Career Criminal Act enhancement.
Criminal Law and Procedure 9th Mar. 5, 2020
U.S. v. Iwai
Order
9th Mar. 5, 2020
People v. Cota
Requiring probationer to surrender electronic devices to search at any time was burdensome and intrusive; thus a correspondingly substantial and particularized justification was required.
Criminal Law and Procedure 4DCA/1 Mar. 4, 2020
Reed v. City of Los Angeles
City was protected by trail immunity doctrine because badminton net stretched across trail created dangerous condition that was inherently connected to the trail.
Immunity 2DCA/1 Mar. 4, 2020
Environmental Council of Sacramento v. County of Sacramento
County's description in Environmental Impact Report was legally adequate because it contained good faith efforts and was not required to assess future developments.
Environmental Law 3DCA Mar. 4, 2020