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. Salcido
The Immigration Consultant Act was not preempted by Department of Homeland Security regulations 8 C.F.R. Sections 1.1, 1.2, and 292.1 (2018) as to defendant.
Immigration 4DCA/2 May 6, 2019
Amended Opinion: Hernandez v. Chappell
Although failure to present mental health evidence to support a diminished capacity defense was ineffective assistance of counsel, ample evidence of defendant's specific intent to rape and kill supported the jury's verdict.
Criminal Law and Procedure 9th May 6, 2019
Bradford v. Davis
California Supreme Court's conclusions regarding admissibility of defendant's post-arrest statements were not contrary to, nor an unreasonable application of, federal law; thus, district court's grant of conditional writ vacating death sentence reversed.
Criminal Law and Procedure 9th May 6, 2019
C.J.L.G. v. Barr
Immigration Judge erred by failing to advise petitioner about his apparent eligibility for Special Immigrant Juvenile status; thus, petition for review of Board of Immigration Appeals' decision was granted.
Immigration 9th May 6, 2019
In Re Boon Global Ltd.
District court erred in summarily concluding that it had jurisdiction over third parties to compel arbitration, but it did not commit clear error; thus, writ of mandamus petition denied.
Civil Procedure 9th May 6, 2019
People v. Fox
Defendants seeking to avoid specific firearm enhancement term while maintaining their plea agreement may seek resentencing under Senate Bill No. 620 only if certificate of probable cause is first obtained.
Criminal Law and Procedure 1DCA/1 May 6, 2019
Conservatorship of B. (O.)
Order
2DCA/6 May 3, 2019
McFadden v. L.A. County Treasurer
Appellant's new argument in her fourth complaint against the City regarding condemnation and demolition of her property was barred by res judicata; thus, appeal was dismissed.
Civil Procedure 2DCA/1 May 3, 2019
Garvin v. Cook Investments NW
Defendant met the requirements of 11 U.S.C Section 1129(a); thus, the bankruptcy court did not err in confirming the seconded amended Chapter 11 plan.
Bankruptcy 9th May 3, 2019
BOKF, NA v. Estes
Defendant's corporate trust department was not within the registered meaning of municipal securities dealer; thus, district court erred in denying defendant's motion for preliminary injunction to enjoin arbitration.
Securities 9th May 3, 2019
Media Rights Technologies v. Microsoft
Claims arising from common nucleus of operative fact with claims in a prior action against the same defendant were barred by claim preclusion, but post-filing copyright infringement claims were not.
Civil Procedure 9th May 3, 2019
Vazquez v. Jan-Pro Franchising Int'l
'Dynamex Operations West Inc. v. Superior Court' applies retroactively; thus, district court's order granting summary judgment to defendant was vacated and matter remanded to apply 'ABC test.'
Employment Discrimination 9th May 3, 2019
U.S. v. Anieze-Smith
Medicare was directly harmed by defendant's conduct in course of her fraudulent scheme; thus, district court's conclusion that defendant was an active participant in entire fraudulent scheme was not clear error.
Criminal Law and Procedure 9th May 3, 2019
People v. Bell
Denial of mistrial motions based on defendant's own courtroom misbehavior have been repeatedly upheld; thus, defendant's murder conviction affirmed.
Criminal Law and Procedure CASC May 3, 2019
People v. Gonzales
After trial court and defense counsel declare doubt regarding defendant's competency, neither defendant nor counsel may withdraw such doubt, and a competency hearing must be held and criminal proceedings suspended.
Criminal Law and Procedure 2DCA/6 May 3, 2019
People v. Morrison
If Welfare & Institutions Code Section 6601(d) evaluators initially disagree on sexually violent predator determination, but agree after peer review, the Department of State Hospitals must request a commitment petition be filed.
Criminal Law and Procedure 2DCA/4 May 2, 2019
Khoury v. Godfrey
Order
9th May 2, 2019
Preap v. Johnson
Order
9th May 2, 2019
Taniguchi v. Restoration Homes
Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed.
Real Property 1DCA/2 May 2, 2019
People v. Superior Court (Alexander C.)
Senate Bill 1391 is consistent with and furthers the intent of Proposition 57; thus, the district attorney's petition for writ of mandate is denied.
Criminal Law and Procedure 1DCA/4 May 2, 2019
Goldstein v. Cal. Unemployment Ins. Appeals Bd.
California Unemployment Insurance Appeals Board erred in finding disability benefits did not qualify as wages for Unemployment Insurance Code Section 1277(a)'s earnings requirement purposes, but error was not prejudicial here.
Administrative Agencies 6DCA May 2, 2019
People v. Bolding
Prosecution proved that defendant had intent to facilitate criminal activity, through monetary instruments of $5,000 or more in criminally derived funds; thus, tracing commingled proceeds was not required.
Criminal Law and Procedure 4DCA/3 May 2, 2019
People v. Cawkwell
Amendment eliminating eligibility for sex offenders to receive diversion was not ex post facto law; amendment occurred years after defendant committed offenses, thus, he could not have relied on diversion.
Criminal Law and Procedure 4DCA/1 May 2, 2019
Muller v. Roy Miller Freight Lines, LLC
Where transportation worker plays 'integral role' in transporting goods through interstate commerce, FAA exemption applies though worker himself did not cross state lines.
Arbitration 4DCA/3 May 2, 2019
People v. Accredited Surety & Casualty Co.
Failure to comply with procedural requirements of 'In re Humphrey' did not render bond void; nothing in 'Humphrey' relieves surety of its obligations under the bond once it has been executed.
Criminal Law and Procedure 3DCA May 1, 2019
In re McGhee
Proposition 57 mandates parole consideration after inmates serve full term of primary offense; 'two-tiered' system disqualifying certain otherwise eligible-inmates does not comport with the proposition.
Criminal Law and Procedure 1DCA/4 May 1, 2019
Brown v. Pacifica Foundation, Inc.
There is not an all-purpose definition of the term 'public office,' and analysis of context and intent is necessary to give the term meaning in a given situation.
Corporations 1DCA/4 May 1, 2019
Amended Opinion: Idrees v. Barr
The court lacks jurisdiction and judicial review of a denial of certification for appeal is improper when the Board of Immigration bases its decision on its discretionary powers.
Immigration 9th May 1, 2019
In re White
Approach taken under California's second degree felony murder rule was evidence-based on specific steps used to manufacture methamphetamine, which is different from categorical approach found unconstitutional in 'Johnson v. United States.'
Constitutional Law 4DCA/2 May 1, 2019
Thacker v. Tennessee Valley Authority
16 U.S.C. Section 831c(b) is not subject to a discretionary function exception, and the Tennessee Valley Authority may generally be sued for personal injury claims.
Immunity USSC Apr. 30, 2019