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
Webb v. City of Riverside
Transfer of funds from utility to City of Riverside's general fund not an improper tax, where ratepayers see no increase in rates than previously assessed rates.
Tax 4DCA/1 May 15, 2018
United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
Code of Civil Procedure Section 8814(c) applies where 'good faith dispute exists over a statutory or contractual precondition to that payment.'
Civil Procedure 2DCA/1 May 15, 2018
People v. Ogunmowo
Order denying motion to vacate drug trafficking conviction for ineffective assistance of counsel reversed and remanded where counsel’s deficient performance prejudices defendant.
Criminal Law and Procedure 2DCA/1 May 14, 2018
Contractors' State License Bd. v. Superior Court
Under California Law, high level government officials aren't subject to deposition, unless the official has direct, personal knowledge or factual information pertaining to material issues in the action.
Civil Procedure 1DCA/1 May 14, 2018
Blue v. California Office of the Inspector General
To prevail on Public Safety Officers Procedural Bill of Rights claim, officers denied representation in OIG interview over use of force practices in prison must have been under existing or potential investigation.
Civil Procedure 3DCA May 14, 2018
Strategic Concepts, LLC v. Beverly Hills Unified School Dist.
A trial court erred by instructing a jury that Government Code Section 1090 does not apply to independent contractors.
Contracts 2DCA/6 May 14, 2018
Huang v. Hanks
Trial court did not err in dismissing spate of preposterous civil harassment claims against, e.g., Monica Lewinsky and the Dalai Lama, though court did not cite statute or legal premise for dismissal.
Civil Procedure 3DCA May 14, 2018
Modification: Fischer v. Fischer
Family court did not abuse its discretion in denying protective order authorized under Domestic Violence Prevention Act, which gives broad discretion to courts even when the abuse is evidenced.
Family Law 1DCA/2 May 14, 2018
U.S. Chamber of Commerce v. City of Seattle
Municipal ordinance not 'clearly articulated and affirmatively expressed' state policy and thus does not qualify for state-action immunity under Sherman Act.
Labor Law 9th May 14, 2018
Caldwell v. City and County of San Francisco
Genuine issue of fact as to officer's allegedly improperly-arranged 'show-up,' and fabricated statement by suspect where released inmate brings Section 1983 claim.
Civil Rights 9th May 14, 2018
Snapp v. BNSF Railway
Court’s characterization of employee’s burden as burden of proof rather than burden of production affirmed under ‘Dark v. Curry County.’
Employment Law 9th May 14, 2018
Marriage of G.C. and R.W.
Domestic partnership from other state must be 'substantially equivalent' to California Domestic Partnership for similar treatment under Family Code.
Family Law 4DCA/1 May 11, 2018
Newport Harbor Offices & Marina, LLC v. Morris Cerullo
Judgment denying anti-SLAPP motion reversed in part and remanded where plaintiff fails to show ‘its claims based on protected activity are legally sufficient and supported by prima facie showing of facts.’
Anti-SLAPP 4DCA/3 May 11, 2018
Modification: People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.'
Criminal Law and Procedure 4DCA/2 May 11, 2018
People v. Guzman
Where intervening statutory amendment changes meaning or reach of probation condition, trial court has jurisdiction to clarify said condition.
Criminal Law and Procedure 1DCA/4 May 11, 2018
Hacker v. Homeward Residential, Inc.
Judgment denying leave to amend reversed where plaintiff who proposes new facts on appeal shows standing to bring cause of action.
Civil Procedure 2DCA/1 May 11, 2018
People v. Valenzuela
Regardless of what verdict forms are returned, the jurors' oral declaration is the true return of the verdict.
Criminal Law and Procedure 2DCA/1 May 11, 2018
Charles v. Sutter Home Winery, Inc.
'Safe harbor' warning prescribed by agency requiring wine sellers to note product may increase cancer risk or cause birth defects meets standard of Prop 65; no additional warning re: inorganic arsenic required under the regulatory scheme.
statutory_interpretation 2DCA/4 May 11, 2018
Palm v. Los Angeles Dept. of Water and Power
Los Angeles City Employees do not have a vested protected interest if they are employed in a probationary position and therefore if they are dismissed, cannot claim due process violation.
Employment Law 9th May 11, 2018
Adidas America v. Skechers USA
Preliminary injunction in unregistered trade dress suit proper where exclusive production and advertising of adidas' Stan Smith shoe creates 'secondary meaning' and where rival's shoe was 'unmistakably' similar.
Civil Procedure 9th May 11, 2018
People v. Adelmann
Resentencing petition must be filed in original sentencing court even where probationary transfer has taken place.
statutory_interpretation 4DCA/2 May 11, 2018
Pebley v. Santa Clara Organics
Injured plaintiff who elects not to use an available health insurance plan will be treated as 'uninsured' and allowed to present bills evidenced economic damages.
Civil Procedure 2DCA/6 May 10, 2018
People v. Jimenez
Under Prop 47 felony identity theft convictions properly reduced to misdemeanor shoplifting offenses where stolen checks valued at less than $950.
Criminal Law and Procedure 2DCA/6 May 10, 2018
Lamar Advertising Co. v. County of Los Angeles
Under state law re-erection of billboard is not 'customary maintenance;' may be interfered with by local authority.
Municipal Law 2DCA/8 May 10, 2018
Modification: People v. Billingsley
Though court noted it would likely not have stayed mandatory firearm enhancement even if it had discretion to do so, remand necessary for reconsideration after statutory amendments grant such discretion.
Criminal Law and Procedure 2DCA/7 May 10, 2018
Maldonado v. Epsilon Plastics
Employer failed to carry burden of showing Alternative Work Schedule was properly adopted where no evidence pre-adoption vote taken.
Labor Law 2DCA/8 May 10, 2018
U.S. v. Mikhel
Treaty against hostage-taking, which includes preamble referencing international terrorism, does not prescribe that as element of crime defendants taking hostages must have nexus to such terrorism.
Criminal Law and Procedure 9th May 10, 2018
Amended Opinion: Davidson v. Kimberly-Clark Corp.
Consumer alleging fraud has standing to pursue injunctive relief where consumer faces 'imminent or actual threat of future harm.'
Consumer Law 9th May 10, 2018
Ward v. U.S.
Order
9th May 10, 2018
Oman v. Delta Air Lines
Order
9th May 10, 2018