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
Augusta v. Keehn & Associates
Plaintiff waives his right to arbitrate by unreasonably delaying in seeking arbitration after obtaining discovery from defendants through court processes.
Civil Procedure Mar. 7, 2011
Dan Clark Family LP v. Miramontes
State tolling provision runs afoul of Commerce Clause when it would subject nonresident defendant to potential liability indefinitely.
Civil Procedure Mar. 4, 2011
EHP Glendale v. County of Los Angeles
Trial court errs in granting summary judgment where moving party only provided selected portions of record that purported to favor its position.
Civil Procedure Mar. 4, 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
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
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
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
Garcia v. Politis
Plaintiff who prevailed by default judgment may not seek attorney fees postjudgment if request for those fees were not included in judgment request.
Civil Procedure Feb. 28, 2011
Safaie v. Jacuzzi Whirlpool Bath Inc.
Class certification motion cannot be renewed following final decertification order previously affirmed on appeal.
Civil Procedure Feb. 23, 2011
Tien v. Tenet Healthcare Corp.
Court’s reliance on published case, which is subsequently depublished pending review, is proper.
Civil Procedure Feb. 17, 2011
Johnson v. Wells Fargo Home Mortgage Inc.
Appellate court does not have jurisdiction over appeal taken directly from private arbitrator.
Civil Procedure Feb. 16, 2011
Wilson v. San Luis Obispo County Democratic Central Committee
Political committee is entitled to attorney fees incurred in defending against claims concerning composition of committee's membership.
Civil Procedure Feb. 15, 2011
Szajer v. City of Los Angeles
Court may dismiss civil claim challenging validity of warrant, which was same basis for defendants’ criminal conviction for illegal possession of firearms.
Civil Procedure Feb. 14, 2011
Fabbrini v. City of Dunsmuir
Court may not award attorney fees to prevailing defendant on malicious prosecution claim unless claim was found to be frivolous.
Civil Procedure Feb. 14, 2011
Tarrant Bell Property LLC v. Superior Court (Abaya)
Court has discretion to deny motion to appoint referee despite parties’ pre-dispute agreement providing that referee may decide certain contested issues.
Civil Procedure Feb. 11, 2011
Hypertouch Inc. v. ValueClick Inc.
State claim for deceptive advertisement in electronic mail is not preemptively barred by Controlling Assault of Non-Solicited Pornography and Marketing Act of 2003.
Civil Procedure Feb. 11, 2011
City of Gardena v. Rikuo Corp.
Court lacks jurisdiction to hear appeal on consent judgment pursuant to parties’ stipulation to settle and not made appealable under statute.
Civil Procedure Feb. 9, 2011
Infuturia Global Ltd. v. Sequus Pharmaceuticals Inc.
Removal jurisdiction is proper under Convention on Recognition and Enforcement of Foreign Arbitral Awards where defendant raises defense related to foreign arbitration award.
Civil Procedure Feb. 8, 2011
Dakota Payphone LLC v. Alcaraz
Although court lacks jurisdiction to rule on motion for new trial outside of statutory period, court retains jurisdiction to modify void judgment.
Civil Procedure Feb. 4, 2011
Freeman v. Sullivant
Court properly denies continuance after finding no good cause and giving appearance attorney short time to prepare.
Civil Procedure Feb. 4, 2011
Green v. Laibco LLC
Court lacks jurisdiction to rule on motion for new trial after 60-day limit expires from time moving party files notice of intention.
Civil Procedure Feb. 2, 2011
King v. American Family Mutual Insurance Co.
Mere appointment of agent for service of process in state does not constitute generalized consent to be sued in that state.
Civil Procedure Feb. 1, 2011
Alameda Books Inc. v. City of Los Angeles
Court improperly grants summary judgment where question exists on whether plaintiffs presented actual and convincing evidence casting doubt on rationale for ordinance.
Civil Procedure Jan. 31, 2011
Coleman v. Estes Express Lines Inc.
Federal district court is limited to complaint in deciding whether criteria for local controversy exception to removal are satisfied.
Civil Procedure Jan. 27, 2011
Alliance for the Wild Rockies v. Cottrell
Although plaintiffs must also satisfy other factors, 'serious questions' test for determining whether to issue preliminary injunctions remains viable.
Civil Procedure Jan. 26, 2011
Ortiz v Jordan
Party claiming qualified immunity may not appeal denial of summary judgment after district court conducted full trial on merits.
Civil Procedure Jan. 25, 2011
City of Arcadia v. State Water Resources Control Board
Court fails to give collateral estoppel effect to decisions involving issues concerning application of Water Code and trash total maximum daily load for drains.
Civil Procedure Jan. 24, 2011
Destfino v. Reiswig
Each defendant has 30 days to file notice of removal and may cure defect by joining only those defendants who have been properly served.
Civil Procedure Jan. 24, 2011
Mason and Dixon Intermodal Inc. v. Lapmaster International LLC
State settlement law is not preempted by federal law governing interstate carriers where state law does not limit carrier’s responsibilities.
Civil Procedure Jan. 19, 2011