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
People v. Smith
Forensic analyst’s testimony based on another analyst’s underlying report does not violate defendant’s right to confront witness where testifying expert made substantive findings.
Criminal Law and Procedure Mar. 2, 2011
Henderson v. Shinseki
120-day deadline for filing notice of appeal with Court of Appeals for Veterans Claims does not carry 'jurisdictional' attributes.
Civil Procedure Mar. 2, 2011
Staub v. Proctor Hospital
Employer is liable for discriminating against employee where supervisors performed acts motivated by antimilitary animus, which proximately caused termination.
Employment Law Mar. 2, 2011
FCC v. AT&T Inc.
Corporations do not have ‘personal privacy’ interests under Freedom of Information Act to exempt their documents from disclosure by federal agency upon request.
Corporations Mar. 2, 2011
Pacific Capital Bancorp N.A. v. East Airport Development LLC (In re East Airport Development LLC)
Bankruptcy judge may enforce release price agreement between parties because party may be compelled, in legal or equitable action, to accept money satisfaction.
Bankruptcy Mar. 2, 2011
Gallegos-Vasquez v. Holder
Illegal Immigration Reform and Immigration Responsibility Act does not apply retroactively to deny relief to aliens with settled expectation of relief under INA Section 212(c).
Immigration Mar. 2, 2011
Adam v. Norton
Back Pay Act waives federal government’s sovereign immunity from liability for interest for plaintiff’s prevailing action under Age Discrimination in Employment Act.
Employment Law Mar. 2, 2011
In re Rodriguez
Parole reversal is properly vacated because record did not support governor’s finding that inmate currently posed danger to society if released.
Criminal Law and Procedure Mar. 2, 2011
Bollay v. California Office of Administrative Law (California State Lands Commission)
Commission’s policy regulating mean high tide line does not simply reiterate law, and therefore is subject to procedural requirements under Administrative Procedure Act.
Real Property Mar. 2, 2011
People v. Leiva
Court retains power over defendant because he was neither discharged nor sentenced to prison between probation revocation and arrest years later.
Criminal Law and Procedure Mar. 2, 2011
Tamkin v. CBS Broadcasting Inc.
Use of plaintiffs’ names for characters during creation of television show episode is exercise of free speech entitled to anti-SLAPP protection.
Civil Procedure Mar. 2, 2011
Carter v. Brooms (In re Brooms)
Prepetition debt arising from judgment owed by debtor to assignee is properly discharged due to assignee's willful failure to comply with court orders.
Bankruptcy Mar. 2, 2011
Michigan v. Bryant
Victim’s responses to police questioning as he lay mortally wounded in parking lot after being shot by defendant are nontestimonial and admissible.
Criminal Law and Procedure Mar. 1, 2011
AM. Home Products Corp., et al. v. Ferrari
Order
Mar. 1, 2011
Priester v. Ford Motor Co.
Order
Mar. 1, 2011
U.S. v. Dewar
Order
Mar. 1, 2011
In re Baycol Cases I and II
Order dismissing both individual and class claims is not appealable under ‘death knell’ doctrine because named plaintiff can still pursue his individual claims.
Civil Procedure Mar. 1, 2011
Bruns v. E-Commerce Exchange Inc.
Partial stay of proceedings does not constitute stay of prosecution of action and counts toward computing time in which action must be brought to trial.
Civil Procedure Mar. 1, 2011
Cabral v. Ralphs Grocery Co.
Driver has general duty to use ordinary care in operating vehicle, and specific factual circumstances are improper factors in determining foreseeability in negligence analysis.
Torts Mar. 1, 2011
People v. Hernandez
Court must make individualized finding as to necessity of placing deputy behind testifying defendant and may not allow procedure pursuant to routine policy.
Criminal Law and Procedure Mar. 1, 2011
Center for Food Safety v. Vilsack
Plaintiffs fail to show irreparable harm required for preliminary injunction seeking destruction of sugar beets planted pursuant to permits issued by agency.
Environmental Law Mar. 1, 2011
Alaimalo v. U.S.
Prisoner is entitled to habeas relief where he makes showing of actual innocence that he was unable to raise in previous habeas proceedings.
Criminal Law and Procedure Mar. 1, 2011
AmeriCredit Financial Services Inc. v. Penrod (In re Penrod)
Order
Mar. 1, 2011
Garcia v. Benov
Order
Mar. 1, 2011
Riverside Sheriffs' Association v. County of Riverside
Public safety officer is entitled to appeal of termination despite rescission because officer had been denied wages and benefits of employment.
Employment Law Mar. 1, 2011
State Farm Mutual Automobile Insurance Co. v. Lee
Insurance company has right to engage in discovery to investigate uninsured motorist claims, including inquiry into extraneous issues of treating chiropractors during deposition.
Civil Procedure Mar. 1, 2011
People v. Ramos
Attempted murder jury instruction requires only that defendant had intent to kill, rather than varying degrees of mens rea as in murder charge.
Criminal Law and Procedure Mar. 1, 2011
Kirkwood v. California State Automobile Association Inter-Insurance Bureau
Dispute over method for determining actual cash value of lost or injured property under fire insurance policy is not subject to mandatory appraisal.
Insurance Mar. 1, 2011
Seymore v. Metson Marine Inc.
Court errs in granting employer summary judgment where issues exist as to whether ‘stand-by’ time counts towards ‘hours worked’ and should be compensated.
Employment Law Mar. 1, 2011
Magallan v. Superior Court (People)
Discovery of materials to prove violation of Fourth Amendment rights takes precedence over state statute that prohibits discovery in criminal cases.
Criminal Law and Procedure Feb. 28, 2011