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
Lindke v. Freed
Social media activity of a state official is only state action where the official has actual authority to speak for the state and purports to be exercising that authority when posting on social media.
Constitutional Law USSC Mar. 18, 2024
O'Connor-Ratcliff v. Garnier
Remand was required to determine whether government officials were empowered to, and purported to be engaged in, official action when they blocked individuals from commenting on their social media posts.
Constitutional Law USSC Mar. 18, 2024
P. v. Santos
Criminal Law and Procedure Mar. 14, 2024
People v. Santos
Trial court did not err by not applying Three Strikes Reform Act to reduce defendant's sentence because defendant could only seek such relief through the Section 1170.126 petition process.
Criminal Law and Procedure 3DCA Mar. 15, 2024
McBurnie v. RAC Acceptance East LLC
Ninth Circuit's holding in *Blair v. Rent-A-Center, Inc.* was not abrogated by the Supreme Court's decision in *Viking River Cruises, Inc. v. Moriana* because *Viking River* addressed PAGA claims.
Arbitration 9th Mar. 15, 2024
Caputo v. Tungsten Heavy Powder Inc.
Order
9th Mar. 15, 2024
People v. Superior Court (Woodward)
Double jeopardy did not bar refiling murder charge when the trial court's second dismissal order failed to clearly indicate that it was serving as an acquital.
Criminal Law and Procedure 6DCA Mar. 15, 2024
Ferguson v. O'Malley
It was reversible error for administrative law judge to discount disability applicant's subjective symptom testimony as inconsistent with medical evidence without offering clear and convincing reasons for doing so.
Administrative Agencies 9th Mar. 15, 2024
People v. Barner
Despite trial court's error in using sentencing rather than commitment language, judgment was affirmed as court ultimately made the appropriate commitment order and calculation.
Criminal Law and Procedure 3DCA Mar. 14, 2024
Modification: People v. Felix
Trial court properly denied motion to suppress defendant's confession given to undercover detective posing as jail cellmate, post-invocation of right to counsel.
Criminal Law and Procedure 2DCA/8 Mar. 14, 2024
Southern California Edison Co. v. Orange County Transportation Authority
Utility companies were not entitled to compensation for relocation under Takings Clause because Orange County Transportation Authority's streetcar project was an authorized governmental use of a public right-of-way.
Utilities 9th Mar. 14, 2024
In re Seumanu
Because petitioner for habeas relief failed to adequately provide record materials and meet strict pleading requirements, all but one request for certificate of appealability was denied.
Criminal Law and Procedure 1DCA/4 Mar. 13, 2024
Lewis v. Andes
District Court properly denied habeas petition, where California Supreme Court had applied the proper standards for assessing whether defendant's juvenile confession was voluntary.
Prisoners' Rights 9th Mar. 13, 2024
Ortiz v. Randstad Inhouse Services, LLC
Warehouse equipment operator qualified for the Federal Arbitration Act's transportation worker exemption because he handled products along a supply chain that were moved interstate.
Arbitration 9th Mar. 13, 2024
U.S. v. Orozco-Orozco
California carjacking statute was not a categorical match for generic theft offense and could not serve as the predicate offense for expedited removal purposes under the Immigration and Nationality Act.
Immigration 9th Mar. 13, 2024
People v. Ashford University, LLC
Trial court did not abuse discretion in counting each misleading call made by online university as separate false advertising violations.
Consumer Law 4DCA/1 Mar. 12, 2024
Applied Medical Distribution Corp. v. Jarrells
A plaintiff in a trade secrets case may recover, as an element of damages, the expert fees it incurs to stop misappropriation, but not the expert fees to investigate suspected misappropriation.
Intellectual Property 4DCA/3 Mar. 12, 2024
G.F. Galaxy Corp. v. Johnson
Statutes authorizing judgment creditors to recover reasonable and necessary costs of enforcing judgment did not require that collection efforts be resolved or successful prior to any recovery.
Remedies 4DCA/1 Mar. 12, 2024
Herrera v. Cathay Pacific Airways Ltd.
Defendant airline was entitled to enforce third-party booking website's arbitration provision under the doctrine of equitable estoppel.
Arbitration 9th Mar. 12, 2024
Kalulu v. Garland
Immigration Judge's determination that Zambian lesbian's claims of future persecution lacked credibility was supported by substantial evidence.
Immigration 9th Mar. 12, 2024
V Lions Farming, LLC v. County of Kern
Agricultural conservation easements (ACEs) qualify as compensatory mitigation for the purposes of the California Environmental Quality Act.
Environmental Law 5DCA Mar. 11, 2024
In re P.L.
Father forfeited right to contest visitation order on appeal by failing to raise the issue before the juvenile court during repeated hearings that Father attended with counsel before that court.
Family Law 4DCA/1 Mar. 11, 2024
Boermeester v. Carry
College football player was not denied fair process when Title IX investigator in his domestic abuse case held combined investigator-adjudicator role because investigator did not have unfettered discretion.
Education 2DCA/8 Mar. 11, 2024
Fix the City, Inc. v. City of Los Angeles
Relation back doctrine did not apply to petition challenging legislative action occurring after the filing of an initial untimely petition and no challenge was subsequently filed within the limitations period.
Government 2DCA/5 Mar. 11, 2024
People v. Lewis
Sufficient evidence supported defendant's rape conviction because it was reasonable to conclude criminal defendant knew the victim's intoxication level made her incapable of consenting to sexual intercourse.
Criminal Law and Procedure 4DCA/3 Mar. 11, 2024
Jackson v. Lara
Interim adverse judgment rule applied to malicious prosecution claim since trial court previously found evidence of battery sufficient to deny plaintiff's motion for acquittal.
Civil Procedure 4DCA/1 Mar. 11, 2024
VFLA Eventco v. William Morris Endeavor Entertainment
Force majeure provision in musician's Virgin Fest LA contract conditioned their right to the $6 million deposit based on their willingness to perform but for COVID-19.
Contracts 2DCA/8 Mar. 8, 2024
Move Eden Housing v. City of Livermore
Resolution was a legislative act subject to referendum power because it was the initial policy determination regarding use of public funds to construct a park and improvements.
Government 1DCA/5 Mar. 8, 2024
U.S. v. Layfield
Twenty-one-day delay between defendant's detention and first appearance before a judge did not constitute a Speedy Trial Act violation.
Criminal Law and Procedure 9th Mar. 8, 2024
Temple of 1001 Buddhas et al. v. City of Fremont
Fremont's Municipal Code conflicted with Building Code Section 1.8.8.1 because it mandated an appeals process with only one assigned hearing officer rather than an appeals board.
Administrative Agencies 1DCA/4 Mar. 8, 2024