For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

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
Sign up for Daily Journal emails
    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
Board of Trustees Glazing Health v. Chambers
No evidence indicated a reasonable expectation that Nevada's legislature was likely to enact legislation similar to Senate Bill 223 in the future, so no live controversy remained and the matter was moot. 		Civil Procedure 9th Nov. 8, 2019
Handoush v. Lease Finance Group, LLC
Forum selection clauses are unenforceable in California if they will lead to a jury trial waiver in the designated forum state. 		Civil Procedure 1DCA/3 Nov. 4, 2019
Stafford v. Attending Staff Assn.
A defendant's decision to pursue a judicial remedy before completing the administrative process does not forfeit his right to pursue administrative remedies. 		Civil Procedure 2DCA/2 Nov. 1, 2019
County of El Dorado v. Superior Court
A one year statute of limitations applies to claims brought under the Mitigation Fee Act, Government Code Section 66001, in light of 'County of San Diego v. Milotz.' 		Civil Procedure 3DCA Nov. 1, 2019
MGA Entertainment v. Mattel
Under California law, the same suspicions that allowed plaintiff to plead unclean hands defense were sufficient to trigger the statute of limitation for its trade secret claim. 		Civil Procedure 2DCA/8 Oct. 30, 2019
Eck v. City of Los Angeles
Because unnamed class member did not challenge her application to intervene and did not appeal from the denial of her motion to vacate judgment, she lacked standing to appeal from judgment. 		Civil Procedure 2DCA/7 Oct. 17, 2019
Morris v. Hyundai Motor America
Given trial court's clear expression in final order of its reasons for attorney fees reductions, stray remark trial court made, that it had other prohibited reasons, did not require reversal. 		Civil Procedure 2DCA/7 Oct. 15, 2019
Sharon v. Porter
Legal malpractice lawsuit was filed over one year from the commencement of Code of Civil Procedure Section 340.6's statute of limitations and was time-barred. 		Civil Procedure 4DCA/3 Oct. 14, 2019
Modification: Cheema v. L.S. Trucking, Inc.
Under Penal Code Section 3287, prejudgment interest is appropriate where damages are certain or capable of being made certain by calculation if the defendant actually knows the damage amount. 		Civil Procedure 1DCA/4 Oct. 9, 2019
Estate of Holdaway
Plaintiff's creditor's claim and complaint were both timely filed, and although plaintiff's complaint was uncertain in some respects, plaintiff should have the opportunity to plead around those uncertainties. 		Civil Procedure 4DCA/2 Oct. 9, 2019
Flynt v. Shimazu
Assuming California Business & Professions Code Sections 19858 and 19858.5 violated Dormant Commerce Clause, plaintiffs demonstrated continuing violation; thus, statute of limitations period begins anew with each new injury. 		Civil Procedure 9th Oct. 8, 2019
Litinsky v. Kaplan
Malicious prosecution claim could not succeed because evidence showed that attorney had probable cause to prosecute prior lawsuit against plaintiff on behalf of her client; thus, anti-SLAPP motion properly granted. 		Civil Procedure 2DCA/2 Oct. 7, 2019
Modaraei v. Action Property Management, Inc.
Trial court's denial of plaintiff's motion for class certification, based on findings that individual questions would predominate and plaintiff's trial plan was inadequate, was not erroneous. 		Civil Procedure 2DCA/1 Oct. 2, 2019
People v. Hooper
Under the Code of Civil Procedure Section 177.5, the Department of State Hospitals is considered a 'person' and therefore monetary sanctions may be imposed due to not following a Standing Order. 		Civil Procedure 1DCA/4 Oct. 2, 2019
San Diego Navy Broadway Complex Coalition v. Cal. Coastal Com.
Plaintiff was not genuinely ignorant of defendants' identities at the time of filing suit, so equitable tolling was improper and dismissal due to the statute of limitations was required. 		Civil Procedure 4DCA/1 Oct. 1, 2019
People ex rel. State Dept. of State Hospitals v. S.M.
If the court provides a Mentally Disordered Offender with discovery through a continuance, the MDO may not claim that his due process rights were violated if he is denied the continuance. 		Civil Procedure 2DCA/6 Sep. 26, 2019
Cerner Middle East Ltd. v. Belbadi Enterprises
Outcome of instant case could not conceivably be affected by arbitration award arising from dispute concerning contract for development of medical information software; thus, removal to federal court was improper. 		Civil Procedure 9th Sep. 24, 2019
Riggs v. Airbus Helicopters
Merely complying with federal regulation is not sufficient for an officer to be regarded as "acting under the government" for purposes of 28 U.S.C. Section 1442(a)(1). 		Civil Procedure 9th Sep. 23, 2019
Modification: Conservatorship of K.P.
Lanterman-Petris-Short Act Section 5352 permits treatment facilities to initiate conservatorship proceedings when admitting an uncooperative patient and is not considered an element for jury instruction. 		Civil Procedure 2DCA/2 Sep. 20, 2019
Alaama v. Presbyterian Intercommunity Hospital, Inc.
Under Business and Professions Code Section 809, once a hospital appoints a physician to its medical staff, the hospital may not take away the physician's privileges without a hearing. 		Civil Procedure 2DCA/7 Sep. 20, 2019
Cheema v. L.S. Trucking, Inc.
Under Penal Code Section 3287, prejudgment interest is appropriate where damages are certain or capable of being made certain by calculation if the defendant actually knows the damage amount. 		Civil Procedure 1DCA/4 Sep. 19, 2019
American Diabetes Ass'n v. U.S. Dept. of Army
An organization has standing if it can establish an injury in fact by proving it has sufficiently diverted its resources to combat the conduct in question. 		Civil Procedure 9th Sep. 19, 2019
Mackovksa v. Viewcrest Road Properties LLC
Trial court abused its discretion denying plaintiff's motion for relief from waiver of jury trial because defendants failed to show they would be prejudiced by the relief. 		Civil Procedure 2DCA/7 Sep. 19, 2019
In re Alpha Media Resort Investment Cases
There was no reason to override trial court's reasoned judgment that plaintiffs met their burden to prove impracticability in bringing cause of action to trial within 5 years of commencement. 		Civil Procedure 1DCA/3 Sep. 17, 2019
J.H. Boyd Enterprises, Inc. v. Boyd
While denial of motion to compel arbitration is appealable, that statute does not mention judicial reference; thus, there was no statutory authority for review of order denying judicial reference. 		Civil Procedure 5DCA Sep. 13, 2019
Machado v. Myers
Trial court correctly granted Code of Civil Procedure Section 664.6 motion for entry of judgment, but the judgment actually entered improperly modified the terms of the parties' settlement agreement. 		Civil Procedure 4DCA/1 Sep. 12, 2019
Davis v. Ross
Intentional spoliation of evidence as a litigation privilege no longer exists as a tort. Legislative history is devoid of any intention to preserve tort liability for communications that further spoliation. 		Civil Procedure 3DCA Sep. 5, 2019
McClain v. Kissler
Defendants who lied about knowledge of action, failed to file responsive pleading despite active participation in action, and ignored basic litigation rules and deadlines did not establish excusable mistake. 		Civil Procedure 1DCA/2 Sep. 4, 2019
Arias v. Residence Inn by Marriott
When a defendant's allegations of removal jurisdiction are challenged, defendant's showing on the amount in controversy may rely on reasonable assumptions. 		Civil Procedure 9th Sep. 4, 2019
Daley v. Regents of the University of California
Remand was necessary for resolution of factual issues relevant to determining accrual date for the two-year statute of limitations on plaintiff's medical battery claim in light of application of the discovery rule. 		Civil Procedure 1DCA/5 Sep. 4, 2019
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.