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
Brice v. Haynes Investments
Order
9th Jun. 6, 2022
Doe v. Lee
A punitive damages award could not stand because there was insufficient evidence of defendant's financial condition to support it, and what little evidence was provided suggested the award was excessive.
Remedies 3DCA Jun. 6, 2022
People v. Soto
A generic advisement that a guilty plea "may" cause deportation did not adequately convey the mandatory immigration consequences and rendered defendant's guilty plea invalid.
Criminal Law and Procedure 3DCA Jun. 6, 2022
City of Oakland v. Dept. of Finance
Cooperation and funding agreements that merely function as agreements to agree do not constitute enforceable loans under the Dissolution Law.
Government 3DCA Jun. 3, 2022
Committee for Sound Water v. City of Seaside
The shortening of Emergency Rule 9's tolling period for certain causes of action did not deprive petitioners of a reasonable time to file a writ alleging California Environmental Quality Act violations.
Environmental Law 6DCA Jun. 3, 2022
Nazir v. Superior Court (People)
Trial court could dismiss a firearm sentencing enhancement based on the prosecutor's motion to dismiss pursuant to the District Attorney's Special Directive 20-08 if dismissal was "in furtherance of justice."
Criminal Law and Procedure 2DCA/7 Jun. 3, 2022
Marriage of Nakamoto and Hsu
In a marriage dissolution, a party is not entitled to attorney fees for over-litigating a trial court case or failing to provide reasonable grounds for a prospective appeal.
Family Law 4DCA/3 Jun. 3, 2022
The Association of Deputy District Attorneys v. Gascon
Mandamus was not available to compel a prosecutor to prove prior strikes under the three strikes law because the decision whether to prove a prior strike allegation or move to dismiss or strike it is discretionary.
Criminal Law and Procedure 2DCA/7 Jun. 3, 2022
U.S. v. Werle
Defendant was prejudiced by not being informed of the knowledge element of being a felon in possession of a firearm, because defendant might not have known that he qualified as a felon.
Criminal Law and Procedure 9th Jun. 3, 2022
Owino v. CoreCivic
Detainees in private immigration detention center could certify their classes for a class action since there was a common question about the prison's policies that predominated individual detainees' claims.
Civil Procedure 9th Jun. 3, 2022
Environmental Defense Center v. Bureau of Ocean Energy Management
Because environmental agencies relied on questionable assumptions, they failed to take the "hard look" mandated by the National Environmental Policy Act.
Environmental Law 9th Jun. 3, 2022
Burri Law PA v. Skurla
Jurisdiction was proper in Arizona for attorney's defamation and contract interference claims since Catholic bishops' statements were purposefully directed toward attorney's Arizona employment contract and lawsuit.
Civil Procedure 9th Jun. 3, 2022
Welch v. Welch
Surviving spouse's right to inherit from deceased spouse was waived when the circumstances evinced that the marital separation agreement was a complete property settlement.
probate_and_trusts 2DCA/5 Jun. 2, 2022
NetChoice, LLC v. Paxton
Order
USSC Jun. 2, 2022
Amended Opinion: U.S. v. Briones
The imposition of a life sentence for crimes committed by defendant while he was a juvenile was affirmed because the resentencing judge clearly considered defendant's youth.
Criminal Law and Procedure 9th Jun. 2, 2022
Vatalaro v. County of Sacramento
Employers seeking to dismiss a Labor Code Section 1102.5 retaliation claim must show clear and convincing evidence of a legitimate, independent reason for taking the employment action under Section 1102.6.
Employment Law 3DCA Jun. 2, 2022
Jane Doe No. 1 v. Uber Technologies, Inc.
Uber did not have a duty to protect based on a common carrier-passenger special relationship with women who were abducted and sexually assaulted by assailants posing as Uber drivers.
Torts 2DCA/1 Jun. 2, 2022
In re Allison B.
Post-judgment evidence is acceptable and may be reviewed when considering a motion to dismiss a juvenile dependence appeal.
Juveniles 2DCA/1 Jun. 1, 2022
Community Action Agency of Butte County v. Superior Court of Butte County
Right to access any public agency record under the California Public Records Act applies to a nonprofit only in the exceptional circumstance that it operates as a local public entity.
Public Records Act 3DCA Jun. 1, 2022
Atwood v. Shinn
New claims asserted by death row inmate in successive habeas corpus applications did not meet 28 U.S.C. Section 2244(b)(2)'s criteria.
Criminal Law and Procedure 9th Jun. 1, 2022
2009 Metropoulos Family Trust v. California Franchise Tax Board
Nonresident shareholder's goodwill income was taxable because it was taxed on its pass-through pro rata share of the gain, which was business income sourced to California under the Uniform Division of Income for Tax Purposes Act.
Tax 4DCA/1 Jun. 1, 2022
Amended Opinion: Ratha v. Phatthana Seafood
Cambodian villagers failed to establish that their claims against a Thai company was a valid extraterritorial application of the Trafficking Victims Protection Reauthorization Act.
Civil Procedure 9th Jun. 1, 2022
Modification: San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place.
Contracts 2DCA/6 Jun. 1, 2022
Almond Alliance of California et al. v. Fish and Game Commission et al.
Four species of bumble bees may be listed as endangered species since the Fish & Game Code Section 45's broad definition of "fish" includes terrestrial invertebrates.
Environmental Law 3DCA Jun. 1, 2022
Dow v. Lassen Irrigation Company
Trust's interpretation of the Susan River Water Rights decree, giving trust superior water rights than plainly allotted in the decree, was unreasonable.
Water Rights 3DCA Jun. 1, 2022
Kline v. Zimmer, Inc.
Hip replacement company could offer medical expert testimony to rebut plaintiff's causation claims even though the expert's opinion on alternative causes was expressed to less than a reasonable medical probability.
Torts 2DCA/8 May 31, 2022
Daniel C. v. White Memorial Medical Center
The trial court erred in approving a Medi-Cal lien on a settlement without determining what portion of the settlement represented past medical expenses.
Health Care 2DCA/3 May 31, 2022
Young v. Superior Court of Solano County
Establishing a factual foundation for discovery disclosure for a potential violation of the California Racial Justice Act of 2020 requires only a good cause showing of a plausible claim.
Civil Rights 1DCA/4 May 31, 2022
Martin v. Pierce County, et al.
Washington's arbitration declination declaration requirement before commencing a medical malpractice suit did not apply in federal court because it conflicted with Federal Rules of Civil Procedure 3 and 8.
Civil Procedure 9th May 31, 2022
Amended Opinion: Aylward v. SelectHealth
Plaintiff's state law claim that health insurance company breached its duty to timely process her deceased husband's appeal of denial of insurance preauthorization was expressly preempted by the Medicare Act.
Health Care 9th May 31, 2022