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
Tharpe v. Sellers
Opinion
USSC Jan. 8, 2018
In re K.J.
Detainment and search of a student on a public school campus is reasonable under the Fourth Amendment where the detention is not arbitrary, capricious, or for the purpose of harassment.
Juveniles 1DCA/4 Jan. 5, 2018
Modification: Gonzalez v. City of Norwalk
Sustained demurrer affirmed where city ordinance applies existing, approved tax and thereby does not 'impose, extend, or increase taxes' without voter approval.
Municipal Law 2DCA/3 Jan. 5, 2018
Ortega Melendres v. Penzone
Order
9th Jan. 5, 2018
Animal Legal Defense Fund v. Wasden
Provision prohibiting video and audio recording of conduct of agricultural facility's operations struck down where provision regulates speech protected by First Amendment and fails to survive strict scrutiny.
Constitutional Law 9th Jan. 5, 2018
Arave v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Award of attorney fees to defense reversed where court fails to find claim frivolous.
Labor Law 4DCA/2 Jan. 4, 2018
Calderon-Rodriguez v. Sessions
Board of Immigration Appeals affirmation of Immigration Judges competency determination remanded where IJ fails to ensure that Department of Homeland Security provides court with relevant materials regarding respondents competency.
Immigration 9th Jan. 4, 2018
Italian Colors Restaurant v. Becerra
Statute preventing collection of credit card surcharges unconstitutional restriction of speech, as applied to group of California businesses.
Civil Rights 9th Jan. 4, 2018
Kramer v. Cullinan
A public official is entitled to qualified immunity where publicly-available information regarding an employee's termination did not constitute liberty deprivation under the Fourteenth Amendment.
Qualified Immunity 9th Jan. 4, 2018
Kim v. Reins International California, Inc.
Order granting summary adjudication on PAGA claim for lack of standing affirmed where plaintiff who voluntarily dismisses individual claims is not aggrieved employee under PAGA.
Labor Law 2DCA/4 Jan. 3, 2018
Conservatorship of Lee C.
Order compelling conservatorship investigator to petition for Murphy conservatorship and disqualifying counsel for resisting order vacated and remanded where court is unauthorized to make such order.
Criminal Law and Procedure 3DCA Jan. 3, 2018
Davis v. Superior Court
Original waiver of preliminary hearing time limit does not preclude defendant from asserting right for preliminary hearing within 10 court days after charges are reinstated after competency hearings.
Criminal Law and Procedure 1DCA/2 Jan. 3, 2018
Ibrahim v. Department of Homeland Security
Order
9th Jan. 3, 2018
Apelt v. Ryan
District court's order granting habeas petition for ineffective counsel over state court's finding of no prejudice vacated where state court's finding is not unreasonable.
Criminal Law and Procedure 9th Jan. 2, 2018
In re A.L.
Welfare & Institutions Code does not authorize dependency jurisdiction when a parent's mental illness does not endanger a child's physical health and safety, or place them at substantial risk of physical harm.
Juveniles 2DCA/1 Jan. 2, 2018
Modification: People v. Sandoval
A criminal protective order must be reasonable and narrowly tailored while still protecting the victim.
Criminal Law and Procedure 4DCA/1 Jan. 2, 2018
U.S. v. Aldana
Convictions for entering U.S. at undesignated points of entry affirmed where undesignated entry means entry at place other than immigration facilities at designated ports of entry.
Immigration 9th Jan. 2, 2018
Wellington v. Berryhill
Determination of onset disability date made without calling medical advisor properly affirmed where determination is based on adequate medical record and where reasonable medical expert would not disagree.
Administrative Agencies 9th Jan. 2, 2018
Fleming v. The Charles Schwab Corp.
Securities Litigation Uniform Standards Act bars suits connected to purchase and sale of security, and which involve deception.
Securities 9th Jan. 2, 2018
Stewart v. San Luis Ambulance Inc.
Order
9th Jan. 2, 2018
Hernandez v. Chappell
A defendant in a first degree murder trial is prejudiced by ineffective counsel where evidence of mental impairment exists in the record and such impairment is not investigated and presented as a defense.
Criminal Law and Procedure 9th Jan. 2, 2018
Turtle Island Restoration Network v. United States Department of Commerce
Issuance of special purpose permit authorizing incidental killing of migratory birds through commercial activity reversed where 'compelling justification' does not conform with regulation's plain language or with conservation intent.
Environmental Law 9th Dec. 29, 2017
In re Terell W. Eutsler
Bankruptcy court does not abuse its discretion where it holds that agreement giving shareholders option to purchase debtors stock is not executory contract.
Bankruptcy BAP Dec. 29, 2017
People v. Hicks
Upon retrial of a second degree murder charge after conviction for a lesser related offense, a trial court errs if it instructs the retrial jury as to the fact of the previous jury's specific conviction.
Criminal Law and Procedure 2DCA/5 Dec. 29, 2017
People v. Frierson
State must prove beyond reasonable doubt that petitioner is ineligible for Three Strike Reform Act resentencing.
Criminal Law and Procedure 2DCA/4 Dec. 29, 2017
Dunlap v. Liberty Natural Products Inc.
The court's error was harmless when it conflated the elements of two ADA claims in a jury instruction and the record showed it was 'more probable than not' the verdict was unaffected.
Employment Discrimination 9th Dec. 29, 2017
In re Christopher Marino and Valerie Marino
Sanction order affirmed where creditor’s post-discharge contacts to debtor violate discharge injunction.
Bankruptcy BAP Dec. 28, 2017
Kanno v. Marwit Capital Partners II
Breach of oral contract claim not barred by parol evidence rule where written agreements are not completely integrated and are not inconsistent with or contrary to oral agreement.
Contracts 4DCA/3 Dec. 28, 2017
In re A Community Voice
The EPA must promulgate a rule when it grants a rulemaking petition, it owes a duty to act, and delay is unreasonable under the six 'TRAC' factors.
Environmental Law 9th Dec. 28, 2017
Corvus Energy Ltd. v. 1169997 Ontario Ltd.
An indemnity suit against a settling co-defendant is not permissible where the allocation of property damages is governed by the proportionate share approach.
Torts 9th Dec. 28, 2017