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
People v. Stamps
Remand necessary for trial court, under Senate Bill No. 1393, to exercise newly-granted discretion to consider whether to strike a Penal Code Section 667(a)(1) enhancement contained in defendant's plea bargain. 		Criminal Law and Procedure 1DCA/4 Apr. 11, 2019
Diaz v. Sohnen Enterprises
An at-will employee who continues to work after the employer has given notice of changed terms or conditions of employment has accepted the changed terms and conditions. 		Employment Law 2DCA/7 Apr. 11, 2019
TransparentGov Novato v. City of Novato
Trial court properly rejected plaintiff's claim against City alleging violation of Brown Act because City responded with unconditional commitment to cease, desist from, and not repeat the past action. 		Government 1DCA/1 Apr. 11, 2019
Dudek v. Dudek
Once a donative transfer is executed by the owner of a life insurance policy, the transferee owns the policy; thus, the trial court erred in finding that a trust did not exist. 		probate_and_trusts 4DCA/1 Apr. 11, 2019
Modification: In re Caden C.
Modification 		1DCA/1 Apr. 11, 2019
People v. Corrigan
The exception for multiple convictions of necessarily included offenses does not apply to Penal Code Sections 452(b) and (c), as these subdivisions set forth two different offenses. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2019
Sonoma Media Investments, LLC v. Superior Court
Anti-SLAPP motion should have been granted as to all causes of action because plaintiffs failed to make a prima facie showing of falsity. 		Anti-SLAPP 1DCA/5 Apr. 10, 2019
Modification: Long v. Forty-Niners Football Co., LLC
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court. 		Civil Procedure 1DCA/4 Apr. 10, 2019
Modification: Sonoma Media Investments, LLC v. Superior Court
Modification 		Anti-SLAPP 1DCA/5 Apr. 10, 2019
People v. Superior Court (Jones)
Prosecution's jury selection notes are discoverable by habeas counsel, where notes were referenced as including neutral basis for strike in 'Batson/Wheeler' hearing. 		Criminal Law and Procedure 4DCA/1 Apr. 10, 2019
Look v. Penovatz
Family Code Section 3950 does not apply if child support is being paid by the parent from whom reimbursement is being sought. 		Family Law 6DCA Apr. 10, 2019
Stokes v. Muschinske
Trial court could have reasonably inferred that juror's failure to disclose two prior lawsuits he was involved in was unintentional; there were no substantive hearings and no indication he was actively involved. 		Civil Procedure 2DCA/8 Apr. 10, 2019
United States v. Johnson
Defendant's concessions in district court foreclosed argument that his conviction under California Penal Code Section 245(a)(1) was not a felony crime of violence under U.S. Sentencing Guidelines Manual Section 2k2.1(a)(4)(A); thus, sentence affirmed. 		Criminal Law and Procedure 9th Apr. 10, 2019
Demarest v. HSBC Bank USA
Because trustee of traditional trust was sued in its own name, its citizenship was all that mattered for diversity purposes and not citizenship of trust's investors; thus, diversity jurisdiction was proper. 		Civil Procedure 9th Apr. 9, 2019
County of San Diego Dept. of Child Support Services v. C.P.
Current Family Code Section 4007.5 applies only to child support orders issued or modified on or after October 8, 2015 and does not save statutory protections of former Section 4007.5. 		Family Law 4DCA/1 Apr. 9, 2019
People v. Frandsen
Where statutory elements of a crime are analyzed to determine if violent felony was committed, 'Johnson v. United States's holding regarding unconstitutional vagueness does not apply. 		Criminal Law and Procedure 2DCA/8 Apr. 8, 2019
Martinez v. Public Employees' Retirement System
'Haywood v. American River Protection Dist.' and 'Smith v. City of Napa' set out relevant disability retirement law and are binding; thus, judgment denying writ of mandate challenging these cases affirmed. 		Government 1DCA/2 Apr. 8, 2019
Murray v. BEJ Minerals
Order 		9th Apr. 8, 2019
Modification: People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome. 		Criminal Law and Procedure 3DCA Apr. 8, 2019
York v. City of Los Angeles
Trial court did not abuse its discretion in denying plaintiffs' mandate petition because denial of grading request did not preclude plaintiffs from submitting another, more modest, development proposal. 		Real Property 2DCA/3 Apr. 8, 2019
In re Palmer
Petitioner successfully utilized techniques set forth in 'In re Lynch' to show serial denials of parole punished him so disproportionately to his individual culpability that it was constitutionally excessive. 		Civil Rights 1DCA/2 Apr. 8, 2019
Modification: In re M.S.
A pretrial mental health diversion program for mentally ill adults does not apply to juveniles because the juvenile justice system is separate and distinct from the criminal justice system. 		Juveniles 2DCA/6 Apr. 5, 2019
Ryze Claim Solutions LLC v. Superior Court
Forum selection clauses may be given effect, in the court's discretion and in the absence of a showing that enforcement of a given clause would be unfair and unreasonable. 		Civil Procedure 1DCA/3 Apr. 5, 2019
Point San Pedro Road Coalition v. County of Marin
Marin County's approval of Resolution No. 2015-108 unlawfully extended or enlarged San Rafael Rock Quarry Inc.'s nonconforming use, violating Marin County Code Section 22.122.010.A and the County's zoning ordinance. 		Real Property 1DCA/3 Apr. 5, 2019
Mutee v. U.S.
Conviction under North Carolina's breaking-or-entering statute qualifies as predicate felony under Armed Career Criminal Act after Court in 'United States v. Stitt' held that generic burglary includes burglary of mobile structures. 		Criminal Law and Procedure 9th Apr. 5, 2019
People v. Aranda
Trial court's failure to receive partial acquittal verdict on first degree murder when jury indicated it acquitted on that offense rendered declaration of mistrial without legal necessity; thus, dismissal of that charge affirmed. 		Criminal Law and Procedure 4DCA/2 Apr. 5, 2019
T-Mobile West LLC v. City and County of San Francisco
San Francisco Ordinance No. 12-11, requiring permits for installation or maintenance of wireless equipment along public rights-of-way, was not preempted by Public Utilities Code Section 7901, nor violated Section 7901.1. 		statutory_interpretation 1DCA/5 Apr. 5, 2019
In re J.G.
A juvenile court may impose reasonable conditions on probation orders so long as they are tailored to specifically meet the needs of the juvenile. 		Juveniles 2DCA/6 Apr. 5, 2019
Friends of Spring Street v. Nevada City
Trial court erroneously determined plaintiff was not successful at a practical level, and abused its discretion finding plaintiff did not enforce an important right affecting public interests. 		Civil Procedure 3DCA Apr. 5, 2019
Modification: Sass v. Cohen
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void. 		Civil Procedure 2DCA/2 Apr. 5, 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.