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

REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
In re L.D.
Challenge to sufficiency of Indian Child Welfare Act notice untimely when raised in appeal of post-jurisdictional order that does not 'subsume' the notice's sufficiency. 		Dependency 6DCA Feb. 26, 2019
People v. Beman
Punishment for substantive offenses in addition to punishment for conspiracy to commit those underlying offenses is not precluded when the conspiracy's objectives go beyond the underlying offenses. 		Criminal Law and Procedure 1DCA/2 Feb. 25, 2019
Darrin v. Miller
Under the Elder Abuse Act, 'other treatment' can constitute elder abuse if it results in 'physical harm or pain or mental suffering' even if there is no special relationship between the parties. 		statutory_interpretation 1DCA/2 Feb. 25, 2019
Richmond Compassionate Care v. 7 Stars Holistic
Private actions restraining trade are not protected activity, which must form the gravamen of a cause of action challenged by an anti-SLAPP motion to strike. 		Anti-SLAPP 1DCA/2 Feb. 25, 2019
Orchard Estate Homes v. Orchard Homeowners Alliance
Voter apathy not a required element to reduce the percentage of affirmative votes to adopt an amendment to the covenants, conditions, and restrictions of a planned development under Civil Code Section 4275. 		Real Property 4DCA/2 Feb. 25, 2019
Dai v. Barr
Order 		9th Feb. 25, 2019
United Farmers Agents Assoc. v. Farmers Group
Plaintiff not entitled to declaratory relief on its claim that defendants' agreements preclude termination based on failure to meet performance standards; defendants had a right to terminate without cause under the agreement. 		Contracts 2DCA/8 Feb. 25, 2019
In re Ramirez
Petitioner's felony-murder special circumstance must be vacated because he was not a major participant in the murder committed while he was an accomplice in the attempted commission of robbery. 		Criminal Law and Procedure 5DCA Feb. 22, 2019
Grafilo v. Cohanshohet
Order to produce medical records of five of defendant's patients in connection with an investigation into his prescription of controlled substances was reversed; state failed to demonstrate good cause to obtain records. 		Constitutional Law 2DCA/8 Feb. 22, 2019
People v. Jimenez
Evidence subject to a 'Brady v. Maryland' violation claim, even if suppressed, must be material and prejudicial to provide grounds for a new trial. 		Criminal Law and Procedure 4DCA/1 Feb. 22, 2019
People v. Rocha
Permitting trial courts to decide how to exercise new discretion to strike firearm enhancements, without affording defendant and defense counsel the opportunity to argue, is manifestly unfair and contrary to Sixth Amendment. 		Criminal Law and Procedure 2DCA/4 Feb. 21, 2019
Timbs v. Indiana
Excessive Fines Clause 'deeply rooted in Nation's history and tradition,' incorporated against states through Fourteenth Amendment, including against in rem forfeitures that are 'at least partially punitive' 		Constitutional Law USSC Feb. 21, 2019
Dawson v. Steager
West Virigina violated the intergovernmental tax immunity doctrine when it provided a tax exemption to certain former state and local law enforcement employees but not to former federal employees. 		Tax USSC Feb. 21, 2019
Westport Insurance v. California Casualty Management
California Government Code Section 825.4 did not preclude primary insurer's claim because it does not contain a blanket ban on an employee's insurer contributing to the employee's defense and settlement costs. 		Insurance 9th Feb. 21, 2019
People v. Escarcega
Attempting to overtake a vehicle is only legal if safe, and passing without knowledge of safety could reasonably be found by a jury to constitute wanton disregard for safety. 		Criminal Law and Procedure 2DCA/3 Feb. 21, 2019
County of Maui, HI v. Hawaii Wildlife Fund
Order 		USSC Feb. 20, 2019
Sturm v. Moyer
The UFTA may apply to premarital contracts providing that earnings, income and property acquired during marriage would be separate property, depending upon whether actual or constructive fraud occurred. 		statutory_interpretation 2DCA/4 Feb. 20, 2019
People v. Bueno
Defendant did not waive her rights to have her sentence imposed by the judge that accepted her plea under 'People v. Arbuckle;' therefore the judgment was reversed and remanded for resentencing. 		Criminal Law and Procedure 5DCA Feb. 20, 2019
Moore v. Texas
Where state court relies too heavily on mentally impaired defendant's cognitive strengths rather than his weaknesses in determining fitness for execution, analysis fails constitutional muster. 		Constitutional Law USSC Feb. 20, 2019
Fierro v. Landry's Restaurant, Inc.
U.S. Supreme Court's 'China Agritech' rule precluding tolling of class claims pending class certification applicable to California state courts. 		Civil Procedure 4DCA/1 Feb. 20, 2019
Mijares v. Orange Co. Employees Retirement System
Government Code Section 31453.5 contains no express limitations on the County Retirement System's authority to seek payment of Unfunded Liability; thus, Department of Education owed additional contributions to fund pension benefits. 		Government 4DCA/3 Feb. 20, 2019
In re L.R.
Oral or written voluntary waiver of 'Miranda' rights requires free and deliberate choice made with full awareness of the nature of the rights being abandoned and consequences of the decision. 		Criminal Law and Procedure 1DCA/5 Feb. 20, 2019
Perez v. County of Monterey
Monterey County ordinance prohibiting the keeping of over four roosters on a single property without a county-issued permit does not violate the Constitution on its face. 		Constitutional Law 6DCA Feb. 19, 2019
Meza v. Portfolio Recovery Associates, LLC
California Code of Civil Procedure Section 98(a) does not categorically require affiants be personally present for service at an address within 150 miles of the place of trial. 		statutory_interpretation CASC Feb. 19, 2019
People v. Jones
Because defendant premeditated victim's attempted murder, and was recently released from prison for stabbing his ex-wife, evidence showed trial court would not have dismissed defendant's prior serious felony under SB 1393. 		Criminal Law and Procedure 3DCA Feb. 19, 2019
U.S. v. Briones
Order 		9th Feb. 15, 2019
Modification: People v. Martinez
Defendants convicted of felony murder or murder under a natural and probable consequences theory must file a Penal Code Section 1170.95 petition to gain retroactive relief under Senate Bill 1437. 		Criminal Law and Procedure 2DCA/5 Feb. 15, 2019
Korman v. Princess Cruise Lines, Ltd.
A federal forum selection clause is enforceable so long as no evidence is presented showing the clause to be unreasonable. 		Civil Procedure 2DCA/4 Feb. 15, 2019
Jimenez-Sanchez v. Dark Horse Express, Inc.
Because employer paid employees on a piece-rate basis, separate compensation for rest breaks was required; thus, common factual and legal issues were presented as common questions capable of determination on a class basis. 		Civil Procedure 5DCA Feb. 15, 2019
Szonyi v. Whitaker
The Board of Immigration Appeals is not foreclosed from interpreting the text of 8 U.S.C. Section 1227(a)(2)(A)(ii) so long as the interpretation is 'reasonable.' 		Criminal Law and Procedure 9th Feb. 14, 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.