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
Name Category Published
In re: Mihranian
Bankruptcy Appellate Panel correctly concluded that a party moving for substantive consolidation must provide notice of the motion to creditors of a putative consolidated non-debtor. 		Bankruptcy 9th Sep. 10, 2019
HiQ Labs v. LinkedIn Corp.
Preliminary injunction was properly granted by the district court since plaintiff made sufficient showings of the elements set forth by 'Winter v. Nat. Res. Def. Council, Inc.' 		Cyber Law 9th Sep. 10, 2019
People v. Allison
California Rules of Court, Rule 8.304's certificate of probable cause requirement did not apply and habeas petition was not void because defendant filed the petition in superior court. 		Criminal Law and Procedure 1DCA/2 Sep. 9, 2019
County of Butte v. Dept. of Water Resources
Plaintiffs cannot challenge aspects of the Federal Power Act's Settlement Agreement process in state court, and 'Friends of the Eel River v. North Coast Railroad Authority' is inapplicable. 		Environmental Law 3DCA Sep. 9, 2019
DeLisi v. Lam
Terms used to describe required state of mind for landlord evicting tenant under City's rent control ordinance were not unconstitutionally vague; thus, judgment in favor of tenants affirmed. 		Constitutional Law 1DCA/2 Sep. 9, 2019
Pacific Coast Federation of Fishermen's Associations v. Glaser
District court erred by interpreting 'entirely' to mean 'majority,' in Clean Water Act's exemption to permitting requirement, and error was but-for cause of dismissal of plaintiff's claim; thus, dismissal was reversed. 		Water Rights 9th Sep. 9, 2019
Godecke ex rel. U.S. v. Kinetic Concepts
Plaintiff adequately pleaded violation of the False Claims Act and the trial court's decision to disregard plaintiff's former coworker's statements bolstering plaintiff's allegations was improper. 		Government 9th Sep. 9, 2019
People v. Munoz
Senate Bill No. 1437 does not apply retroactively to non-final judgments on appeal and does not apply to the offense of attempted murder. 		Criminal Law and Procedure 2DCA/3 Sep. 9, 2019
In re: Charles Stuart Brown and Holly Ann Brown
Under California Code of Civil Procedure Section 356 the discharge injunction triggers the limitations period suspension provided for in the statute for creditors in bankruptcy proceedings. 		Bankruptcy BAP Sep. 6, 2019
Amended Opinion: U.S. v. Benamor
Government need not prove defendant knew firearm lacked antiquity exempting it from Penal Code Section 922(g), since antiquity is an affirmative defense rather than an element of the crime. 		Criminal Law and Procedure 9th Sep. 6, 2019
U.S. v. Waggy
A conviction under the Washington Revised Code Section 9.61.230(1)(a),(b) does not violate the First Amendment because it prohibits harassing conduct and does not implicate protected speech. 		Criminal Law and Procedure 9th Sep. 6, 2019
Clark v. Chappell
Petitioner's claim that his rights to due process and impartial jury were violated when juror communicated with minister about case during trial was remanded in light of 'Godoy v. Spearman.' 		Criminal Law and Procedure 9th Sep. 6, 2019
Branch v. Umphenour
Magistrate judges may not rule directly on a motion to withdraw consent, and lack jurisdiction to dismiss plaintiff's claims before defendants have consented to their jurisdiction. 		Civil Rights 9th Sep. 6, 2019
Head v. Wilkie
Under 'Haddle v. Garrison,' irreconcilable with 'David v. United States,' a 42 U.S.C. Section 1985(2) plaintiff may be a non-party to underlying litigation and allege interference with employment as a cognizable injury. 		Civil Rights 9th Sep. 6, 2019
Modification: People v. Superior Court (T.D.)
Senate Bill No. 1391 promotes Proposition 57's goal of juvenile rehabilitation, by ensuring virtually all 14- and 15-year-olds who commit crimes will be processed through the juvenile justice system. 		Criminal Law and Procedure 5DCA Sep. 5, 2019
Thurston v. Midvale Corporation
Websites connected to physical place of public accommodation are included in Title III of the ADA, and a sufficient nexus between the website and place of public accommodation existed. 		Civil Rights 2DCA/8 Sep. 5, 2019
Davis v. Ross
Intentional spoliation of evidence as a litigation privilege no longer exists as a tort. Legislative history is devoid of any intention to preserve tort liability for communications that further spoliation. 		Civil Procedure 3DCA Sep. 5, 2019
Weiss v. City of Del Mar
Government Code Section 65009(c)(1)(E)'s 90-day deadline applied to planning commission's ruling under City's scenic view ordinance; thus, service on City was untimely. 		Government California Courts of Appeal Sep. 5, 2019
Mu v. Barr
Under 8 U.S.C. Section 1186b, any alien, including the alien principal and the alien beneficiaries, whose permanent resident status is terminated may request a review in a removal proceeding. 		Immigration 9th Sep. 5, 2019
Jessop v. City of Fresno
Appellants failed to show that it was clearly established that Officers' alleged conduct violated Fourth Amendment; thus, Officers were protected by qualified immunity. 		Qualified Immunity 9th Sep. 5, 2019
Mancini & Associates APLC v. Schwetz
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees. 		Torts 2DCA/6 Sep. 5, 2019
Omlansky v. Save Mart Supermarkets
Plaintiff failed to allege 2009 statutory cap was in effect before his pleading and that it imposed a duty on defendant to incorporate it into its Medi-Cal billings. 		Health Care 3DCA Sep. 4, 2019
McClain v. Kissler
Defendants who lied about knowledge of action, failed to file responsive pleading despite active participation in action, and ignored basic litigation rules and deadlines did not establish excusable mistake. 		Civil Procedure 1DCA/2 Sep. 4, 2019
People v. Kumar
If a court fails to define 'criminal negligence' in its jury instructions, there is no error if the instructions and the arguments correctly inform the jury of the criminal elements. 		Criminal Law and Procedure 1DCA/3 Sep. 4, 2019
Arias v. Residence Inn by Marriott
When a defendant's allegations of removal jurisdiction are challenged, defendant's showing on the amount in controversy may rely on reasonable assumptions. 		Civil Procedure 9th Sep. 4, 2019
Ward v. United States
A prior conviction falls under the Armed Career Criminal Act's force clause as a predicate offense if the conviction involved the amount of force necessary to overcome a victim's resistance. 		Criminal Law and Procedure 9th Sep. 4, 2019
Pena v. Dey
Because trust's amendment provision requires an amendment be 'signed by the settlor,' the settlor's interlineations without his signature did not effectively amend the trust. 		probate_and_trusts 3DCA Sep. 4, 2019
In re Sagin
Petitioner's murder conviction vacated in light of new DNA evidence producing no matches to petitioner, but producing match to an unknown male from samples taken from under victim's fingernails. 		Civil Rights 6DCA Sep. 4, 2019
In re D.R.
For dependency hearings, a court fails to provide notice to a parent with due diligence when it does not perform a search based on the unique information provided. 		Juveniles 2DCA/8 Sep. 4, 2019
Daley v. Regents of the University of California
Remand was necessary for resolution of factual issues relevant to determining accrual date for the two-year statute of limitations on plaintiff's medical battery claim in light of application of the discovery rule. 		Civil Procedure 1DCA/5 Sep. 4, 2019
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.