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.
Read Today's Digital Edition
Place Your Legal Notices
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
Lawson v. ZB, N.A.
A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act. 		Employment Law 4DCA/1 Dec. 21, 2017
Rossetta v. CitiMortgage, Inc., et al.
A mortgage lender's policy making default a condition for loan modification consideration informs the duty of care analysis under 'Biakanja' 		Torts 3DCA Dec. 20, 2017
People v. Perez
Shooter's validated membership in gang is not sufficient, without more, to establish gang enhancement. 		Criminal Law and Procedure 3DCA Dec. 20, 2017
Benjamin v. B & H Education
A school's student trainees are not 'employees' under the Fair Labor Standards Act if the students are the primary beneficiaries of their work under the factors articulated in 'Glatt.' 		Labor Law 9th Dec. 20, 2017
U.S. v. Wells
Expert testimony providing profile of person likely to commit crime charged, so as to compare profile to defendant's character, is inherently prejudicial, requires reversal of murder conviction. 		Criminal Law and Procedure 9th Dec. 20, 2017
So. CA Gas Leak Cases
A special relationship does not exist absent privity between the parties sufficient to establish a duty of care under 'Biakanja.' 		Torts 2DCA/5 Dec. 19, 2017
Kurwa v. Kislinger
Trial court retains jurisdiction over non-final judgment it rendered, such that plaintiff can pursue claim to final judgment and appeal. 		Civil Procedure 2DCA/5 Dec. 19, 2017
Song v. Sessions
A refugee's past persecution for an imputed political opinion may establish a protected political view for purposes of seeking asylum in the U.S. 		Immigration 9th Dec. 19, 2017
Yuba City Unified School District v. California State Teachers' Retirement System
Statute of limitations barring recovery suits three years after 'discovery' of overpayment suggests inquiry notice is proper standard to apply. 		Administrative Agencies 3DCA Dec. 19, 2017
People v. Ricci
Felony conviction does not disqualify defendant from seeking dismissal of misdemeanor convictions in same case under Penal Code Section 1203.4a. 		Criminal Law and Procedure 1DCA/5 Dec. 18, 2017
People v. Lucero
A trial court is not required to conduct a 'Marsden' hearing to relieve ineffective counsel on its own motion. 		Attorneys 4DCA/2 Dec. 18, 2017
U.S. v. Jones
Denial of motion to vacate, set aside, or correct sentence reversed where Arizona armed robbery is not violent crime under Armed Career Criminal Act’s force and enumerated felonies clause. 		Criminal Law and Procedure 9th Dec. 18, 2017
Cooper v. Commissioner of Internal Revenue
Royalties garnered from transferred patent rights are not capital gains under '26 U.S.C. Section 1235(a)' if the patent holder effectively controls the recipient corporation. 		Tax 9th Dec. 18, 2017
Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control Appeals
Eighteen-year-old decoy's in-store identification of clerk who unlawfully sold him beer satisfies rule's face-to-face identification requirement warranting suspension of store's license. 		Administrative Agencies 3DCA Dec. 18, 2017
California-American Water Co. v. Marina Coast Water District
Prevailing parties entitled to contractual attorney fees and costs even though underlying contracts that were basis for fees were declared void. 		Civil Procedure 1DCA/1 Dec. 18, 2017
People v. Richards
Judgment reversed and remanded where court prejudicially errs in failing to instruct jury on lesser included offense. 		Criminal Law and Procedure 2DCA/1 Dec. 18, 2017
Duncan v. Wal-Mart Stores Inc.
Lien against judgment injured employee obtained against third party tortfeasor must include entire amount of workers' compensation insurer paid to employee. 		Workers' Compensation 4DCA/3 Dec. 15, 2017
Modification: People v. Watts
Under 'Davis' a trial court must independently evaluate evidence when hearing a new trial motion. 		Criminal Law and Procedure 2DCA/1 Dec. 15, 2017
People v. Tennard
Defendant with two prior strikes and nonstrike domestic violence conviction receives indeterminate 25-year-to-life term where prior forcible rape conviction requires indeterminate life term. 		Criminal Law and Procedure 4DCA/2 Dec. 15, 2017
Duke v. Superior Court (Klis)
Demurrer erroneously sustained without leave to amend on ousted CEO's conversion claim against members of board of director of company she founded. 		Civil Procedure 5DCA Dec. 15, 2017
Liberty Mutual Fire Ins. v. EZ-FLO Int'l
A state lawsuit filed by 26 insurance companies as subrogees of over 100 homeowners is not a 'mass action' under the Class Action Fairness Act. 		statutory_interpretation 9th Dec. 15, 2017
Modification: Julian v. Glenair Inc.
Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim. 		Arbitration 2DCA/4 Dec. 15, 2017
Hartnett v. San Diego County Office of Education et al.
Education Code Section 45306 does not require that the mandatory investigation of an employee's termination be conducted independent of an evidentiary hearing. 		statutory_interpretation 4DCA/1 Dec. 15, 2017
People v. Stanley
Suppression motion erroneously granted where sheriff's detention of bus passenger fitting description of man suspected of committing lewd act on child was reasonable. 		Criminal Law and Procedure 6DCA Dec. 14, 2017
Pacific Gas and Electric Co. v. Hart High-Voltage etc.
The label 'owner' did not solely determine whether PG&E was a real party in interest with standing to bring a negligence cause of action. 		Utilities 5DCA Dec. 14, 2017
U.S. v. Werle
Sentence enhancement for firearm conviction based on prior convictions for felony harassment affirmed where state statute of conviction requires threatened use of physical force. 		statutory_interpretation 9th Dec. 14, 2017
In re Alexzander C.
Substantial risk of physical harm sufficiently established where parent indicates that drug use is appropriate and parent provides access and opportunity to drug. 		Juveniles 2DCA/8 Dec. 14, 2017
Kirzhner v. Mercedes-Benz USA, LLC
Lemon law restitution provision does not require defendant to cover plaintiff's registration renewal charges as to defective car. 		Consumer Law 4DCA/3 Dec. 14, 2017
Jensen v. U-Haul Co. of California
Injured worker may not be compelled to arbitrate action against U-Haul as nonsignatory to arbitration agreement under theories of third-party beneficiary, agency, or estoppel. 		Arbitration 4DCA/2 Dec. 13, 2017
People v. Race
Criminal protective order properly issued as to defendant's daughter even though he only pleaded no contest to lewd and lascivious acts involving his niece. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2017
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.