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
Professional Tax Appeal v. Kennedy-Wilson Holdings
Defendants unjustly enriched when plaintiff procured tax refunds for property owner but property was acquired by defendants in foreclosure proceedings before plaintiff was paid its contingency fee. 		Contracts 2DCA/8 Nov. 21, 2018
NAAAOM v. Charter Communications
Under 42 U.S.C. Section 1981, a plaintiff can prevail by demonstrating that discriminatory intent was a factor in a decision. 		Civil Rights 9th Nov. 20, 2018
County of San Diego v. Commission on State Mandates
Technical restatements do not transform existing state mandates into voter-imposed mandates; thus, the Commission erred when it treated Proposition 83 as a basis for terminating the state's obligation to reimburse Counties. 		Government CASC Nov. 20, 2018
In re Marriage of Davila and Mejia
On appeal if an appellant does not cite to legal authority when contending that the trial court has erred the issues are subject to forfeiture. 		Family Law 2DCA/7 Nov. 20, 2018
Lee v. City of Los Angeles
Summary judgment properly granted and no genuine dispute of material fact exists when a city's redrawing of council districts is not based predominately on race. 		Civil Rights 9th Nov. 20, 2018
Rodriguez v. Marin
Order 		9th Nov. 20, 2018
SI, 59 LLC v. Variel Warner Ventures, LLC. et al.
Civil Code section negating general release protection from liability does not apply where elements of sued-over tort include only 'past events.' 		Contracts California Courts of Appeal Nov. 19, 2018
Alcazar v. L.A. Unified School Dist.
The intent of the Code of Civil Procedure Section 222.5 is to ensure that civil trial courts possesses the necessary discretionary authority to control the voir dire process and avoid the preconditioning of jurors 		Civil Procedure 2DCA/1 Nov. 19, 2018
High Sierra Rural Alliance v. County of Plumas
Plumas County's general plan update does not violate the Timberland Act; Government Code Section 51104 suffices to supply the restrictions on residences and structures on timberland production zone parcels. 		Environmental Law California Courts of Appeal Nov. 19, 2018
Hernandez v. Pacific Bell Telephone Co.
Employee is not subject to the employer's control within the definition of 'hours worked' for purposes of compensation while voluntarily using employer provided transportation. 		Employment Law California Courts of Appeal Nov. 19, 2018
Wilde v. City of Dunsmuir et al.
A power to be exercised is legislative in nature if it prescribes a new policy; whereas, it is administrative if it merely pursues a plan already adopted by the legislative body itself. 		Civil Procedure 3DCA Nov. 19, 2018
People v. Caldwell
Evidence supporting defendant's contention that he was not the shotgun shooter who murdered victim was eclipsed by the evidence of his role in the murder; thus, factual innocence motion properly denied. 		Criminal Law and Procedure California Courts of Appeal Nov. 19, 2018
Modification: Lat v. Farmers New World Life Ins. Co.
Under the notice prejudice rule, an insurance company cannot deny an insured's claim under an occurrence policy based on lack of timely notice unless it shows actual prejudice from the delay. 		Insurance 2DCA/1 Nov. 19, 2018
Amended Opinion: Martinez-De Ryan v. Whitaker
The BIA properly denied a petition for cancellation of removal on the ground that petitioner was convicted of a crime of moral turpitude, a term of art that isn't unconstitutionally void under the vagueness doctrine. 		Immigration 9th Nov. 19, 2018
Easley v. City of Riverside
Order 		9th Nov. 19, 2018
Modification: People v. Randolph
Per 'Leahy' and 'Joehnk,' experienced law enforcement officers may present expert testimony as to field sobriety test and its implications. 		Evidence 5DCA Nov. 16, 2018
Huerta v. Kava Holdings, Inc.
Code of Civil Procedure Section 998 does not apply in nonfrivolous Fair Employment Housing Act actions. 		Civil Procedure 2DCA/8 Nov. 16, 2018
Kohler Co. v. Superior Court
Right to Repair Act generally excludes class actions, and narrow exception does not apply where sued-over allegedly defective product was "completely manufactured offsite." 		Consumer Law 2DCA/4 Nov. 16, 2018
Genisman v. Hopkins Carley
For legal malpractice suits: Once a plaintiff has a suspicion of wrongdoing, and therefore an incentive to sue, she must decide whether to file suit or sit on their rights. 		Civil Procedure 6DCA Nov. 16, 2018
Hyatt v. Office of Management & Budget
Judicial review of petitioner's Administrative Procedure Act claim not barred because Paperwork Reduction Act only precludes review of decision by Office of Management and Budget to approve a collection within an agency rule. 		Administrative Agencies 9th Nov. 16, 2018
C.A. v. C.P.
Trial court properly establishes that child has three parents in rare case where finding otherwise would be detrimental to child. 		Family Law 3DCA Nov. 15, 2018
Modification: Garcia v. Border Transportation Group, LLC
Summary adjudication was improper as to plaintiff's wage order claims; under 'ABC test,' defendants failed to present evidence to show that plaintiff provided services for other entities 'independently.' 		Employment Law 4DCA/1 Nov. 15, 2018
Copenbarger v. Morris Cerullo World Evangelism, Inc.
For invoices to become admissible under the business record exception they must actually be presented at trial in order to lay the proper foundation, otherwise possible double-hearsay issues may exist. 		Remedies 4DCA/3 Nov. 15, 2018
PDR Network v. Carlton & Harris Chiropractic
Order 		USSC Nov. 14, 2018
J.E.F.M. v. Whitaker
Order 		9th Nov. 14, 2018
Tricarichi v. Commissioner of Internal Revenue
Tax court properly ordered that petitioner was liable for pre-notice interest because the value of assets transferred was more than transferor's federal tax liability, thus federal Internal Revenue Code controlled. 		Tax 9th Nov. 14, 2018
People v. Acosta
If a single count or case is dismissed, prison term enhancements remain available for sentencing purposes because they are imposed on the aggregate sentence and not to a particular count or case. 		Criminal Law and Procedure 2DCA/6 Nov. 14, 2018
VA House of Delegates v. Golden Bethune-Hill
Order 		USSC Nov. 14, 2018
T-Mobile USA v. Selective Insurance Company of America
Order 		9th Nov. 13, 2018
Melgoza Guerrero v. Whitaker
'Particularly serious crime' within the meaning of 8 U.S.C. Section 1231(b)(3)(B)(ii) not unconstitutionally vague because although it is an uncertain standard, it applies to real world facts. 		Immigration 9th Nov. 12, 2018
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.