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
Radcliffe v. Experian Information Solutions Inc.
Incentive awards given to class representatives in class action settlement, which were conditioned on support of settlement, improperly undermine fairness of settlement.
Civil Procedure May 3, 2013
Melendrez v. Superior Court (Special Electric Co. Inc.)
Bankrupt corporation's attorney-client privilege passes to insurers assigned to defend against claims where no director could be elected to waive privilege.
Civil Procedure May 1, 2013
Battaglia Enterprises Inc. v. Superior Court (Yard House USA Inc.)
San Diego food supplier’s breach of contract lawsuit against restaurant is transferred to Orange County based on venue selection clause in contract giving rise to suit.
Civil Procedure Apr. 30, 2013
Radcliffe v. Experian Information Solutions Inc.
Incentive awards given to class representatives in class action settlement, which were conditioned on support of settlement, improperly undermine fairness of settlement.
Civil Procedure Apr. 23, 2013
Chanda v. Federal Home Loans Corp.
Mortgage broker gets new trial after losing in lenders' lawsuit because trial court improperly excluded title insurance policy procured as part of lending transaction.
Civil Procedure Apr. 22, 2013
Kleveland v. Siegel & Wolensky LLP
Attorneys are sanctioned for filing frivolous appeal where plaintiff demonstrated that attorneys filed meritless petition for sole purpose of forcing settlement.
Civil Procedure Apr. 18, 2013
Kurtin v. Elieff
New trial is required where jury rendered inconsistent verdicts on issue of liability for breach of agent's warranty of authority.
Civil Procedure Apr. 17, 2013
Sams v. Yahoo! Inc.
Yahoo may not be sued for disclosing information to District Attorney after receiving grand jury subpoenas that Yahoo believed to be valid.
Civil Procedure Apr. 16, 2013
Blum v. Merrill Lynch Pierce Fenner & Smith Inc.
Federal court correctly allows party to intervene in settled lawsuit in order to modify protective order to prevent destruction of deposition transcript.
Civil Procedure Apr. 12, 2013
Battaglia Enterprises Inc. v. Superior Court (Yard House USA Inc.)
San Diego food supplier’s breach of contract lawsuit against restaurant is transferred to Orange County based on venue selection clause in contract giving rise to suit.
Civil Procedure Apr. 12, 2013
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC
In renewed motion for relief from default judgment, defendants must satisfactorily explain failure to previously clarify reasons for attorney's neglect.
Civil Procedure Apr. 11, 2013
Good v. Miller
Trial court correctly declines to salvage plaintiff's defective appeal from order, which granted terminating sanctions against plaintiff.
Civil Procedure Apr. 11, 2013
Stoltenberg v. Ampton Investments Inc.
California appeal is inappropriate because defendants refused to comply with New York trial court's order to turn over their financial information.
Civil Procedure Apr. 5, 2013
Atlantic Marine Construction Co. v. USDC WD TX, et al.
Order
Civil Procedure Apr. 2, 2013
McDaniel v. Asuncion
Joint offer to settle wrongful death claim is valid, even if offered to multiple plaintiffs, because nature of claim involved single, indivisible injury.
Civil Procedure Mar. 27, 2013
Nunag-Tanedo v. East Baton Rouge Parish School Board
Attorney sued by class of Filipino teachers for allegedly aiding and abetting in human trafficking scheme may not appeal denial of immunity.
Civil Procedure Mar. 27, 2013
U.S. v. $11,500 in United States Currency
In civil forfeiture proceeding, failure to identify bailor on claim form should not result in dismissal where mistake did not prejudice or delay proceedings.
Civil Procedure Mar. 21, 2013
Standard Fire Insurance Co. v. Knowles
Federal court has jurisdiction over plaintiff’s proposed class action despite stipulation that he and class would seek less than $5 million in damages.
Civil Procedure Mar. 20, 2013
Good v. Miller
Trial court correctly declines to salvage plaintiff's defective appeal from order, which granted terminating sanctions against plaintiff.
Civil Procedure Mar. 14, 2013
Entente Design Inc. v. Superior Court (Pfeiffer)
Challenge to newly assigned judge, which attorneys filed within hour of leaving courtroom, is timely because case was not yet ready for immediate trial.
Civil Procedure Mar. 13, 2013
Lucky United Properties Investments Inc. v. Lee
In dispute over attorney fees, interest on prejudgment award of fees begins to accrue upon entry of judgment, but postjudgment interest does not.
Civil Procedure Feb. 27, 2013
Kuxhausen v. BMW Financial Services NA LLC
BMW may remove class action to federal court because plaintiff failed to trigger 30-day period for removal by inadequately stating amount in controversy.
Civil Procedure Feb. 26, 2013
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief.
Civil Procedure Feb. 14, 2013
Lucky United Properties Investments Inc. v. Lee
In dispute over attorney fees, interest on prejudgment award of fees begins to accrue upon entry of judgment, but postjudgment interest does not.
Civil Procedure Feb. 6, 2013
Kramer v. Toyota Motor Corp.
Toyota may not compel arbitration of class action based on purchase agreements between customers and dealerships because corporation did not sign agreements.
Civil Procedure Jan. 31, 2013
Gray v. Chiu
Arbitrator's failure to disclose that lawyer was member of administering dispute provider resolution organization is valid ground for vacating arbitration award.
Civil Procedure Jan. 22, 2013
Swissmex-Rapid S.A. de C.V. v. SP Systems LLC
Confirmation of arbitration award between California and Mexican corporations is proper because FAA's procedural provisions do not apply to state court.
Civil Procedure Jan. 6, 2013
Swissmex-Rapid S.A. de C.V. v. SP Systems LLC
Confirmation of arbitration award between California and Mexican corporations is proper because FAA's procedural provisions do not apply to state court.
Civil Procedure Dec. 30, 2012
Williamson v. Mazda Motor of America Inc.
On remand, new judge may reconsider whether case involving accident in Utah may properly be tried in California because prior judge had retired.
Civil Procedure Dec. 27, 2012
V & P Trading Co. Inc. v. United Charter LLC
Sanctions award against corporation is unsupported because court improperly denied motion to compel answer to interrogatories based on corporation’s suspended status.
Civil Procedure Dec. 19, 2012