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
Krikorian Premiere Theatres LLC v. Westminster Central LLC
Order taxing costs on appeal issued by court after remand is immediately appealable as postjudgment order.
Civil Procedure Mar. 25, 2011
Maddox v. City of Costa Mesa
Litigant and litigant's counsel are both responsible for reimbursing public entity for costs in paying subpoenaed peace officers.
Government Mar. 25, 2011
Banning Ranch Conservancy v. Superior Court (City of Newport Beach)
Agreement with law firm for matter-by-matter representation does not create attorney-client relationship that would disqualify firm in subsequent representation.
Attorneys Mar. 24, 2011
U.S. v. Buenrostro
Under Federal Rules, state prisoner may not bring new claim that would otherwise be barred as successive, without showing fraud on previous habeas court.
Criminal Law and Procedure Mar. 24, 2011
Pascua v. Holder
Petitioner may seek discretionary relief from deportation pursuant to statute that was later repealed because deportation proceeding began before passage of new statute.
Immigration Mar. 24, 2011
Bingham v. Holder
Alien admitted under terms of Visa Waiver Program may not challenge action for removal where alien knowingly waived his right to contest removal upon entry.
Immigration Mar. 24, 2011
People v. Yarbrough
Conviction for first degree burglary based on erroneous jury instruction is improper because evidence suggested that defendant was found outside unenclosed balcony.
Criminal Law and Procedure Mar. 24, 2011
People v. Koontz
Trial court is vested with discretion to strike prior serious felony conviction to afford maximum allowable presentence conduct credits.
Criminal Law and Procedure Mar. 24, 2011
Leung v. Verdugo Hills Hospital
Rule releasing consideration for several liability of joint tortfeasors governs damages allocation following settlement, which court found was not in good faith.
Torts Mar. 24, 2011
People v. Sanchez
Certified letter, which was offered as sole evidence to show defendant was not registered owner of firearm, is inadmissible as violative of Sixth Amendment.
Criminal Law and Procedure Mar. 24, 2011
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees.
Torts Mar. 24, 2011
Charlie Y. Inc. v. Carey (In re Carey)
In adversary proceeding, complaint sufficiently states claim for attorney fees based on provisions of promissory note and replacement guarantee.
Bankruptcy Mar. 23, 2011
Reswick v. Reswick (In re James Reswick)
Wage garnishment proceeding commenced months after bankruptcy filing does not violate automatic stay because stay terminated in its entirety 30 days after filing.
Bankruptcy Mar. 23, 2011
Matrixx Initiatives Inc. v. Siracusano
Materiality element of securities fraud allegation is determined by whether undisclosed fact would alter total mix of information available to reasonable investor.
Securities Mar. 23, 2011
Kasten v. Saint-Gobain Performance Plastics Corp.
Act’s protection against employer retaliation covers oral complaints made by employee regarding placement of timeclocks, which prevented employees from receiving proper credit.
Employment Law Mar. 23, 2011
Estate of Bartsch
Interested beneficiary may also act as personal representative of estate ‘assisting court’ in defense of alleged heir’s claim.
Probate and Trusts Mar. 23, 2011
Young v. City and County of Honolulu
City ordinance repealing discretionary condemnation statute does not violate Contracts Clause where city council chose not to approve condemnation, satisfying city’s contractual obligation.
Constitutional Law Mar. 23, 2011
Hayes v. County of San Diego
Summary judgment is improper where deputies’ use of force in killing of suicidal victim who did not pose immediate threat was likely unreasonable.
Torts Mar. 23, 2011
Hunt v. City of Los Angeles
City ordinance containing undefined terms prohibiting sale of merchandise unless ‘intertwined with religious or ideological’ message is invalid as unconstitutionally vague.
Constitutional Law Mar. 23, 2011
Wapato Heritage LLC v. United States of America
Agency that administers Native American land does not become party to lease by virtue of its limited authority to approve lease on behalf of landowners.
Native American Affairs Mar. 23, 2011
California Retail Portfolio Fund GMBH & Co. KG v. Hopkins Real Estate Group
Application for writ of attachment is properly granted where arbitration award to petitioner would be rendered ineffectual due to evidence of insolvency.
Civil Procedure Mar. 23, 2011
People v. Kim
Probation condition referencing specific statutory provisions is not unconstitutionally vague for lack of explicit knowledge requirement necessarily implied from statute.
Criminal Law and Procedure Mar. 23, 2011
People v. McCullough
Jail booking fees are not reviewable on appeal absent timely objection by defendant during sentencing phase.
Criminal Law and Procedure Mar. 23, 2011
Vafi v. McCloskey
Specific one-year statute of limitations applying to attorney conduct takes precedence over two-year general limitations period for malicious prosecution.
Civil Procedure Mar. 23, 2011
Felkner v. Jackson
Ninth Circuit errs in reversing state court's decision to uphold prosecutor’s peremptory challenges where decision to reverse denial was dismissive and had no basis.
Criminal Law and Procedure Mar. 22, 2011
Huber v. New Jersey Dept. of Environmental Protection
Order
Mar. 22, 2011
Baker v. Buss
Order
Mar. 22, 2011
Franklin v. United States
Order
Mar. 22, 2011
Maples v. Maples
Order
Mar. 22, 2011
Rehberg v. Paulk
Order
Mar. 22, 2011