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. Hollie
Petitioner who was entitled to ameliorative resentencing because he could not be convicted or murder under current law was not entitled to a finding of factual innocence regarding the offense. 		Criminal Law and Procedure 2DCA/7 Nov. 30, 2023
People v. Evers
Defendant waived his right to argue that restitution fines were unconstitutional because he did not argue that he lacked the ability to pay the fines and did not request a hearing concerning his ability to pay. 		Criminal Law and Procedure 1DCA/4 Nov. 30, 2023
People v. Turner
Trial court erred in determining that defendant's charges dismissal because of COVID-19 pandemic was not due to excusable neglect. 		Criminal Law and Procedure 4DCA/2 Nov. 30, 2023
Tran v. Nguyen
Plaintiff could pursue civil extortion claim against ex-wife who blackmailed him to keep her silent about the existence of their child because threats to person's character constituted "menace" under the Civil Code. 		Torts 4DCA/3 Nov. 30, 2023
Tellez-Ramirez v. Garland
Permanent resident's removal was correct as his drug conviction under Idaho law was an aggravated felony because it matched relevant federal crime. 		Immigration 9th Nov. 30, 2023
Thomas v. The Regents of the University of California
Women's soccer player recruited to play at UC Berkeley sufficiently alleged sexual harassment by the head coach since the coach berated players in a gender-based manner. 		Education 1DCA/2 Nov. 30, 2023
Modification: Marriage of Motiska and Ford
In marriage dissolution proceeding, sale of separate property to community property for $1 did not trigger Family Code Section 2640's reimbursement requirement. 		Family Law 1DCA/4 Nov. 30, 2023
Zarate v. McDaniel
Plaintiffs failed to comply with Code of Civil Procedure Section 128.5(f)'s 21-day safe harbor provision before filing their motion for attorney fees for defendant's frivolous anti-SLAPP motion. 		Civil Procedure 2DCA/3 Nov. 29, 2023
Yee v. Panrox International (USA), Inc.
Trial court did not err in determining that house lien overcame general presumption of validity when evidence provided the contrary. 		Evidence 2DCA/8 Nov. 29, 2023
Briskin v. Shopify Inc.
Personal jurisdiction did not exist over seller of web-based payment platform because the platform was analogous to interactive websites and the defendant did not actively target its activities at California. 		Civil Procedure 9th Nov. 29, 2023
Jones v. Regents of the University of California
Workers' compensation was the exclusive remedy for university employee who was injured on campus while riding her bike home from work, based on the premises line rule. 		Torts 4DCA/3 Nov. 29, 2023
Z.V. v. Cheryl W.
Mother's notice of appeal was untimely because judgment was entered when the court provided an oral statement of decision, not when it reduced this oral statement to writing. 		Civil Procedure 1DCA/3 Nov. 28, 2023
People v. Curiel
Jury's finding of intent to kill did not, itself, conclusively establish defendant's ineligibility for relief under Penal Code Section 1172.6. 		Criminal Law and Procedure CASC Nov. 28, 2023
In re Banks
Disciplinary finding that inmate engaged in conspiracy to introduce drugs into prison via the mail was unsupported as there was no evidence the inmate had made any agreement with the sender. 		Prisoners' Rights 3DCA Nov. 28, 2023
State of California v. Alco Harvest
Agreement to arbitrate, as a material term, requires H-2A employers to disclose such waiver in job description submission to Department of Labor. 		Arbitration 2DCA/6 Nov. 24, 2023
People v. Trammel
*Serrato* exception to double jeopardy did not apply because trial court imposed a harsher sentence on remand rather than a more lenient one. 		Criminal Law and Procedure 1DCA/1 Nov. 22, 2023
People v. Nunez
Trial court did not err when it instructed jury that for provocation to reduce first degree to second degree murder, provocation must come from victim, not someone else. 		Criminal Law and Procedure 4DCA/3 Nov. 22, 2023
Modification: Mattson Technology v. Applied Materials
Trial court should have stayed proceeding until completion of arbitration when common factual questions as to misappropriation of trade secret activities existed as to both former employee and competitor defendants. 		Civil Procedure 1DCA/5 Nov. 22, 2023
Waid v. County of Lyon
Defendants were entitled to qualified immunity on plaintiffs' Fourth Amendment excessive force claim where officers shot the unarmed decent as he charged down a short hallway towards them. 		Qualified Immunity 9th Nov. 22, 2023
Cottonwood Environmental Law Center v. Edwards
Environmental group could not advance a direct-discharge theory of liability against sewage treatment center because its underdrain pipe did not transfer pollutants between meaningfully distinct water bodies 		Environmental Law 9th Nov. 22, 2023
Brown v. Duringer Law Group PLC
Tenants' federal Fair Debt Collection Practices Act lawsuit was not barred by the *Rooker-Feldman* doctrine because there was no state-court judgment adjudicating defendants' second memorandum of costs. 		Civil Procedure 9th Nov. 22, 2023
Modification: City of Gilroy v. Superior Court (Law Foundation of Silicon Valley)
Nonprofit Law Foundation's petition for writ of mandate against Gilroy under the California Public Records Act was denied because the City produce all nonexempt police bodycam footage. 		Public Records Act 6DCA Nov. 22, 2023
People v. Mazur
Penal Code Section 1385 provided trial court with discretion to not dismiss fraudster's white-collar enhancement in the interest of justice. 		Criminal Law and Procedure 4DCA/1 Nov. 22, 2023
H.B. v. Superior Court (Hall)
Victim of human trafficking was statutorily entitled to restitution for economic loss suffered when defendant stole her income for himself despite the fact her labor was itself an illegal activity. 		Criminal Law and Procedure 1DCA/4 Nov. 21, 2023
People v. Cota
Recently amended Penal Code Section 1385(c) did not require mandatory dismissal of sentencing enhancements because mandatory language was subject to the court's statutory discretion. 		Criminal Law and Procedure 5DCA Nov. 21, 2023
People v. Christianson
Section 1172.75 entitles inmates to resentencing even if the invalid enhancement was stayed. 		Criminal Law and Procedure 4DCA/1 Nov. 21, 2023
Modification: BioCorRx, Inc. v. VDM Biochemicals, Inc.
Trial court erred in granting anti-SLAPP motion because the challenged statements--allegedly confidential information regarding a soured business agreement--fell under the statute's commercial speech exemption. 		Anti-SLAPP 4DCA/3 Nov. 21, 2023
E. I. du Pont de Nemours & Co. v. Abbott
Order 		USSC Nov. 21, 2023
Idaho Conservation League v. Poe
Because defendant's suction dredge mining activity was not a simple transfer of water, it required a Clean Water Act permit. 		Environmental Law 9th Nov. 21, 2023
People v. Salazar
Case was remanded for resentencing under the newly enacted Senate Bill No. 567 because defendant had qualifying psychological trauma and violence criminal history did not outweigh the lower term presumption. 		Criminal Law and Procedure CASC Nov. 21, 2023
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.