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
U.S. v. Microsoft Corp.
Amendment to Stored Communications Act renders moot dispute over extraterritorial reach of U.S. Government via search warrant for electronically stored data.
statutory_interpretation USSC Apr. 18, 2018
Sessions v. Dimaya
Residual clause in INA defining 'crime of violence' is unconstitutionally vague because it requires look at 'ordinary' rather than instant case, and is unclear on risk threshold.
Constitutional Law USSC Apr. 18, 2018
Wilson v. Sellers
Federal habeas court should 'look through' unexplained state-court decision and presume that unexplained decision adopted same reasoning as last related state-court decision with relevant rationale where federal court reviews unexplained decision on merits.
Criminal Law and Procedure USSC Apr. 18, 2018
Riske v. Superior Court
Evidence Section 1045(b)(1)'s disclosure bar applies only to complaints and does not apply broadly to all information related to complaints.
statutory_interpretation 2DCA/7 Apr. 18, 2018
Tanguilig v. Neiman Marcus Group, Inc.
Trial court did not err by dismissing matter with 5-year bar despite plaintiff's claim that matter was tolled while co-plaintiff was in arbitration.
Employment Law 1DCA/4 Apr. 18, 2018
The Police Retirement System of St. Louis v. Page
Summary judgment affirmed where Delaware statute of limitations period is only tolled until plaintiff has inquiry notice of harm from defendant’s actions.
Civil Procedure 6DCA Apr. 18, 2018
Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata.
Civil Procedure 2DCA/2 Apr. 18, 2018
U.S. v. Arpaio
Order
9th Apr. 18, 2018
Echlin v. PeaceHealth
A company who tried to collect patients' debts and meaningfully participated in efforts to collect said debts did not violate the Fair Debt Collection Practices Act.
Consumer Law 9th Apr. 18, 2018
People v. Jackson
Where evaluations overwhelmingly suggest defendant is incompetent to stand trial, occasional instances of rote comprehension of basic legal concepts does not suffice to demonstrate competence.
Criminal Law and Procedure 4DCA/2 Apr. 18, 2018
Sykes v. U.S.
Order
USSC Apr. 17, 2018
Brown v. U.S.
Order
USSC Apr. 17, 2018
People v. Tom
Convictions for violating Penal Code Section 597 (a) and (b) that are based on same act reversed where conviction under subsection (a) for specific conduct precludes conviction under subsection (b) for same conduct.
statutory_interpretation 3DCA Apr. 17, 2018
Powell v. Bear Valley Community Hospital
A physician with revoked staff privileges doesn't have an absolute right to reappointment, particularly when the denial is for a medical or disciplinary reason; similarly, there is no right to a hearing if the applicant failed to disclose crucial negative information on his record prior to his appointment.
Civil Procedure 4DCA/1 Apr. 17, 2018
In re W.R.
Amended law regarding sealing of juvenile records applies prospectively to pending appeals; requires sealing where wardship and probation petitions dismissed.
Juveniles 1DCA/1 Apr. 17, 2018
U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement.
Criminal Law and Procedure 9th Apr. 16, 2018
People v. Maldonado
A probationer's condition, allowing warrantless searches of his electronic devices while on probation, was not unconstitutional because the probationer had been given fair warning and he had agreed to said search and seizures.
Criminal Law and Procedure 6DCA Apr. 16, 2018
Pasadena Police Officers Assn. v. City of Pasadena
Denial of motion for fees under private attorneys general statute reversed where court incorrectly applies 'Adoption of Joshua S.' to deny fees.
Civil Procedure 2DCA/1 Apr. 16, 2018
County of L.A. v. L.A. County Civil Service Commission
Where superior court remands employee discharge decision to Civil Service Commission for further review, specifically as interlocutory order, that order not appealable.
Government 2DCA/3 Apr. 16, 2018
Novak v. Continental Tire North America
Summary judgment affirmed where injury suffered is distantly and indirectly connected to negligent act and where harm is unforeseeable.
Torts 1DCA/3 Apr. 16, 2018
Rodeo Citizens Assn. v. County of Contra Costa
Refinery project proposal's description was accurate, since substantial evidence indicated that the project complied with the requirement under CEQA
Environmental Law 1DCA/3 Apr. 16, 2018
Modification: People v. Partee
Defendant's refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction.
Criminal Law and Procedure 2DCA/5 Apr. 16, 2018
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 Apr. 16, 2018
Ochoa v. County of Kern
A criminal investigation, even if it was intermittently started and stopped, allows for tolling or extension of the one-year limitations period under POBRA.
statutory_interpretation 5DCA Apr. 16, 2018
Modification: People v. Jordan
To promote judicial economy, Penal Code Section 1237.2 requires defendant to bring minor ministerial contention in original appeal that includes other, more substantial contentions.
Criminal Law and Procedure 3DCA Apr. 16, 2018
In re Gilman
Order granting debtor homestead exemption vacated where bankruptcy court fails to determine whether debtor intended to reside in the property.
Bankruptcy 9th Apr. 16, 2018
Day v. Lupo Vine Street
Commercial landlord who merely leases commercial space to health studio has no duty under Health and Safety Code Section 104113 or common law to acquire and maintain automated external defibrillator or to ensure that studio operator does so.
Civil Procedure 2DCA/4 Apr. 13, 2018
People v. Fontenot
Order
2DCA/7 Apr. 13, 2018
Birts v. Superior Court (San Mateo)
'Continuation rule' bars peremptory judicial challenge where prosecutor files second action with the same information as initial, voluntarily dismissed action, after unfavorable evidentiary rulings.
Criminal Law and Procedure 1DCA/3 Apr. 13, 2018
Small Property Owners, etc., v. City and County of San Francisco
State law preempts local ordinance that imposes 10-year delays on housing modifications after landlords evict tenants pursuant to the state law.
Government 1DCA/2 Apr. 13, 2018