For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424.

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
Enewsletter Sign-up
    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
People v. McDavid
Resentencing on firearm enhancement was vacated to allow trial court to exercise discretion to strike enhancement and impose a lesser enhancement under recently decided *People v. Tirado*. 		Criminal Law and Procedure 4DCA/1 Apr. 25, 2022
Woods v. Kijakazi
An administrative law judge properly rejected the opinion of plaintiff's examining physician because substantial evidence supported the judge's inconsistency findings. 		Administrative Agencies 9th Apr. 25, 2022
Buntion v. Lumpkin
Order 		USSC Apr. 25, 2022
Clark Bros., Inc. v. North Edwards Water District
Although government entities must pay interest on payments for public contracts not made within 30 days, late payment is not necessarily a breach of contract. 		Government 4DCA/1 Apr. 25, 2022
Modification: Aronow v. Superior Court (Emergent LLP)
When indigent party demonstrates inability to pay for arbitration, trial courts may provide opposing party the choice to pay for indigent party's arbitration fees or try the case in court. 		Attorneys 1DCA/4 Apr. 25, 2022
Hassaine v. Club Demonstration Services, Inc.
Independent contractor that operated food sample tables had a special relationship with Costco shoppers that gave rise to a duty to exercise reasonable care irrespective of its contract with Costco. 		Torts 4DCA/1 Apr. 25, 2022
City of Austin v. Reagan National Advertising of Austin, LLC
Austin, Texas' regulations prohibiting the digitizing of "off-premises" advertisement signs, but not "on-premises" signs were facially content-neutral under the First Amendment. 		Constitutional Law USSC Apr. 22, 2022
Cassirer v. Thyssen-Bornemisza Collection Foundation
District court must apply the California choice-of-law provision since a foreign instrumentality, when not immune, is liable in the same manner and extent as an individual under the Foreign Sovereign Immunities Act. 		Immunity USSC Apr. 22, 2022
Brown v. Davenport
When state courts have ruled on the merits of a state prisoner's claims and the prisoner seeks federal habeas relief, courts must apply both tests: *Brecht v. Abrahamson* and the Antiterrorism and Effective Death Penalty Act. 		Criminal Law and Procedure USSC Apr. 22, 2022
U.S. v. Vaello Madero
Congress's decision to exempt Puerto Rico residents from Supplemental Security Income benefits passed the rational basis test based on their authority under the Territory Clause of the Constitution. 		Constitutional Law USSC Apr. 22, 2022
Boechler v. Commissioner
Thirty-day filing requirement to petition for Tax Court review is not jurisdictional and is subject to equitable tolling. 		Tax USSC Apr. 22, 2022
Jessup v. Shinn
Sentence of imprisonment without the possibility of any form of release for juvenile convicted of murder did not violate *Miller v. Alabama* since the sentencing judge considered defendant's youth in sentencing. 		Criminal Law and Procedure 9th Apr. 22, 2022
Lodestar Anstalt v. Bacardi & Co.
Despite district court's error that "strength-of the-mark" factor weighed against confusion, no reasonable jury could find a likelihood of confusion between two rum distillery's trademarks. 		Intellectual Property 9th Apr. 22, 2022
Amended Opinion: Tzompantzi-Salazar v. Garland
The possibility that petitioner could relocate and would not likely be subjected to torture was sufficient to deny relief under the Convention Against Torture, regardless of the reasonableness of relocating. 		Immigration 9th Apr. 22, 2022
Amended Opinion: SmileDirectClub LLC v. Tippins
Teledentistry company adequately pled anticompetitive concerted action by members of the Dental Board of California under the Sherman Act. 		Antitrust 9th Apr. 22, 2022
Hughes v. Rodriguez
Officer was not entitled to qualified immunity as to escaped inmate's claimed post-handcuff beating and dog-biting during apprehension because beating a handcuffed convict violates the Eighth Amendment. 		Qualified Immunity 9th Apr. 22, 2022
Kuciemba v. Victory Woodworks
Order 		9th Apr. 22, 2022
Boquist v. Courtney
Dismissal of Oregon minority-party state senator's retaliation claim was reversed since he spoke on a constitutionally protected political controversy and 12-hour advance notice order was a materially adverse action. 		Constitutional Law 9th Apr. 22, 2022
People v. Bloom
Counsel's decision to override defendant's insistence to not concede guilt as to the murder of his stepmother and stepsister was a *McCoy* violation. 		Criminal Law and Procedure CASC Apr. 22, 2022
Certain Underwriters at Lloyd's v. Conagra Grocery
Successor corporation was held liable for the willful public nuisance created by its predecessor and was therefore not entitled to indemnity from its insurers. 		Insurance 1DCA/2 Apr. 21, 2022
Nelson v. Dual Diagnosis Treatment Center
Arbitration clause was unconscionable since it was part of an adhesion contract that failed to disclose all arbitration rules and required a unilateral release of all claims. 		Arbitration 4DCA/3 Apr. 21, 2022
Rose v. County of San Benito
Trial court erred in considering inadmissible evidence to construe county board of supervisor's intent to confer lifetime healthcare benefits to retirees at the same rate as active employees. 		Government 6DCA Apr. 21, 2022
Natural Resources Defense Council v. U.S. Environmental Protection Agency
Environmental Protection Agency's denial of petition to cancel registration of pesticide due to safety concerns was at odds with its own prior assumptions and statements and not supported by substantial evidence. 		Environmental Law 9th Apr. 21, 2022
Modification: In re H.N.
Because possession of child pornography includes alternative sentencing language, it is a wobbler offense and requires juvenile courts to make a declaration of the offense as either a felony or misdemeanor. 		Juveniles 2DCA/6 Apr. 21, 2022
People v. King
The unauthorized sentence rule does not itself create jurisdiction for a trial court to rule on an incarcerated defendant's motion to correct an alleged illegal sentence. 		Criminal Law and Procedure 2DCA/2 Apr. 20, 2022
People v. Vaughn
Defendant could be guilty of human trafficking of a minor, as an aider and abettor, even though he did not know that the victim was a minor. 		Criminal Law and Procedure 4DCA/2 Apr. 20, 2022
People v. Glukhoy
Alternative-theory error based on improper jury instruction of implied malice murder was harmless because the overwhelming evidence suggested defendant was an aider and abettor in fatal car chase. 		Criminal Law and Procedure 3DCA Apr. 20, 2022
County of San Mateo v. Chevron
Federal courts did not have jurisdiction over counties' global-warming-related state law claims against several energy companies. 		Civil Procedure 9th Apr. 20, 2022
Ross v. Superior Court (County of Riverside)
Trial court erred by granting county's motion to quash subpoena of district attorney for deposition regarding county lawyers' alleged attempt to alter testimony about a material witness' credibility. 		Civil Procedure 4DCA/1 Apr. 20, 2022
People v. Burgos
Penal Code Section 1109, which requires trial bifurcation for gang enhancements, applies retroactively since it was enacted to ameliorate the punishment of trying enhancements with the underlying crimes. 		Criminal Law and Procedure 6DCA Apr. 19, 2022
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.