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
Baker v. Exxon Mobile Corp.
Where ratio of punitive damages to economic harm was disproportionate, award imposed on oil company was reduced to $2.5 billion to reflect mitigating factors.
Civil Procedure May 30, 2007
Lee v. Swansboro Country Property Owners Association
Motion to quash subpoena filed seven days before debtor's examination is timely and reasonably made under Code of Civil Procedure Section 1987.1.
Civil Procedure May 30, 2007
Carpenter v. Jack in the Box Corp.
Motion for attorney fees does not commence to run upon entry of prejudgment appealable order denying special motion to strike.
Civil Procedure May 29, 2007
Carpenter v. Jack in the Box Corp.
Motion for attorney fees does not commence to run upon entry of prejudgment appealable order denying special motion to strike.
Civil Procedure May 28, 2007
Hageseth v. Superior Court (People)
Out-of-state unlicensed physician who prescribed Prozac over Internet is subject to personal jurisdiction in California for resident's subsequent suicide.
Civil Procedure May 23, 2007
Bell Atlantic Corp. v. Twombly
Class action plaintiffs, who alleged violations of Section 1 of the Sherman Act, fail to state sufficient facts to state a claim that is 'plausible' on its face.
Civil Procedure May 22, 2007
Efund Capital Partners v. Pless
Arbitration clause liberally construed to encompass tort claims against defendants not named in fraudulent investment agreement.
Civil Procedure May 22, 2007
Wagner Construction Co. v. Pacific Mechanical Corp.
Court cannot deny petition to compel arbitration based on statute of limitations for underlying claim.
Civil Procedure May 22, 2007
SWAB Financial v. E*Trade Securities
Arbitrators' decision denying continuance is not an abuse of discretion where substantial evidence supports their decision and there is no prejudice.
Civil Procedure May 18, 2007
Meyer v. Sprint Spectrum L.P.
Plaintiffs lack standing to pursue claims of illegal and unconscionable contract provisions where they suffer no injury and cannot show causation.
Civil Procedure May 17, 2007
Nguyen v. Superior Court (Nguyen)
Appellate review of election recount is preferable to writ of mandamus where statutory interpretation removing official should not be rushed.
Civil Procedure May 15, 2007
Kronemyer v. Internet Movie Data Base Inc.
Order granting anti-SLAPP special motion to strike movie producer's claim that 'IMDb.com' failed to attribute credit to his work, is affirmed.
Civil Procedure May 15, 2007
Canatella v. Van de Kamp
Sanctioned attorney's civil rights suit based on republication of disciplinary summary is barred by statute of limitations.
Civil Procedure May 11, 2007
Adams v. State of California Dept. of Health Services
Duplicative complaint properly dismissed with prejudice where both actions arise out of disputed background check forming common transactional nucleus of facts.
Civil Procedure May 11, 2007
Holland America Line Inc. v. Wartsila North America Inc.
Cruise line fails to establish jurisdiction in case where fire destroys ship during voyage.
Civil Procedure May 11, 2007
Steven M. Garber & Associates v. Eskandarian
Default judgments substantively and procedurally bar appellants' efforts to argue merits of their case on appeal.
Civil Procedure May 11, 2007
California State Parks Foundation v. Superior Court (Foothill/Eastern Transportation Corridor Agency)
Environmental groups are permitted to file claim against developer of multi-county road in venue where alleged harm will occur.
Civil Procedure May 10, 2007
Sea Foods Co. Limited v. O.M. Foods Co.
Order compelling seafood importer to turn in shrimp sale proceeds does not stand where decision not to pay was in good faith.
Civil Procedure May 10, 2007
Baxter v. Peterson
Court's reversal and remand on issue of fraud liability does not require retrial of statute of limitations defense.
Civil Procedure May 9, 2007
Miller v. Filter
Temporarily deputized Sierra County prosecutors immune from civil liability for malicious prosecution, and should have been granted anti-SLAPP motion.
Civil Procedure May 8, 2007
El Dorado Meat Co. v. Yosemite Meat and Locker Service Inc.
Court did not abuse its discretion in award of costs to compile and prepare financial records exhibit in business torts suit.
Civil Procedure May 7, 2007
Fiorentino v. City of Fresno
Taxpayers association's challenge under California Environmental Quality Act fails due to failure to timely request hearing.
Civil Procedure May 7, 2007
Eight Unnamed Physicians v. Medical Executive Committee of the Medical Staff of Washington Township Hospital
Physicians involved in medical disciplinary proceeding with hospital are required to have separate hearings due to failure to exhaust administrative remedies.
Civil Procedure May 3, 2007
Fergus v. Songer
Award of attorney fees reinstated where jury's verdict is deemed not 'against law.'
Civil Procedure May 3, 2007
Ventress v. Japan Airlines
U.S.-Japan treaty does not pre-empt California whistle-blower protection laws in dispute between airline and employees.
Civil Procedure Apr. 27, 2007
Center for Biological Diversity v. Lohn
Case is moot on appeal where injunctive relief sought has already occurred and declaratory relief sought can provide no meaningful relief.
Civil Procedure Apr. 27, 2007
Hayden v. Robertson Stephens Inc.
Arbitration award need not be vacated for failure to disclose where arbitrator was not required to reveal employment relationship with bank.
Civil Procedure Apr. 27, 2007
Forrest v. State of California Dept. of Corporations
Court may dismiss vexatious litigant's meritorious claim during pendency of litigation if she is subject to pre-filing order and unrepresented.
Civil Procedure Apr. 25, 2007
Fladeboe v. American Isuzu Motors Inc.
Under doctrine of implied findings, reviewing court must infer that trial court impliedly made every factual finding necessary to support its decision.
Civil Procedure Apr. 25, 2007
Seastrom v. Neways Inc.
Court denies class certification where representatives are not typical and would not adequately represent class due to conflicts of interest.
Civil Procedure Apr. 24, 2007