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
Nat'l Mining Ass'n v. Zinke
An unconstitutional legislative veto embedded in a section of the FLPMA is severable from the withdrawal authority delegated to the Secretary of the Interior in that same subsection.
Administrative Agencies 9th Dec. 13, 2017
Baxter v. California State Teachers' Retirement System
California State Teachers' Retirement Systems' action seeking to recoup overpayment of retirement benefits not wholly time-barred; thus, it may continue to pursue recovery action.
Civil Procedure 6DCA Dec. 13, 2017
Havasupai Tribe v. Provencio
Where government approves mine as 'undertaking' under National Historic Preservation Act, it is not new 'undertaking' requiring similar review when stalled mine later seeks to resume active operations.
Environmental Law 9th Dec. 13, 2017
U.S. v. Gutierrez
Conviction for brandishing firearm during crime of violence valid where predicate offense, carjacking, categorically qualifies as crime of violence.
Criminal Law and Procedure 9th Dec. 13, 2017
Admiral Ins. Co. v. Superior Court
The plain meaning of a 'prior notice' provision in a business' insurance policy applies even if the policy form was designed for a different industry.
Insurance 4DCA/1 Dec. 13, 2017
Arazola-Galea v. U.S.
Application for authorization to file second or successive habeas petition based on Supreme Court's 'Mathis' ruling denied where 'Mathis' merely clarified existing rules.
Criminal Law and Procedure 9th Dec. 13, 2017
Choi v. Sagemark Consulting
Summary judgment in favor of defendants on basis of action's untimeliness affirmed where limitations period commences upon plaintiffs' suspicion of injury.
Civil Procedure 6DCA Dec. 13, 2017
People v. Rubino
Argument challenging CALCRIM No. 1520 for its alleged failure to instruct on 'specific intent' fails on appeal where the instruction includes specific intent.
Criminal Law and Procedure 6DCA Dec. 13, 2017
In re A.O.
Where most recent admitted or proved charged against minor not within certain statutory provisions, commitment to state facilities not statutorily permitted.
Juveniles 2DCA/6 Dec. 13, 2017
Optional Capital Inc. v. Das Corporation et al.
The 'law of the case doctrine' does not apply to a prior decision involving different parties and issues.
Anti-SLAPP 2DCA/1 Dec. 12, 2017
In re M.L.
Judgment denying minor’s petition to seal public records affirmed where court acts within its discretion in deciding that it cannot grant petition without reviewing records.
Juveniles 4DCA/2 Dec. 12, 2017
In re Marriage of Kamgar
Husband must pay spouse nearly $2 million for breaching spousal fiduciary duties for recklessly trading community property over what wife allowed.
Family Law 4DCA/3 Dec. 12, 2017
Howeth v. Coffelt
Order denying postjudgment motion is not appealable where order follows consent judgment.
Civil Procedure 4DCA/1 Dec. 12, 2017
Dept. of Forestry and Fire Protection v. Howell
Order
Civil Procedure 3DCA Dec. 12, 2017
Frudden v. Pilling
Uniform policy requiring elementary students to wear uniform bearing 'Tomorrow's Leaders' motto and exemption violates First Amendment under governing Ninth Circuit law.
Civil Rights 9th Dec. 12, 2017
Sveen v. Melin
Order
USSC Dec. 12, 2017
Hughes v. U.S.
Order
USSC Dec. 12, 2017
U.S. v. Sanchez-Gomez
Order
USSC Dec. 12, 2017
Upper Skagit Indian Tribe v. Lundgren
Order
USSC Dec. 12, 2017
China Agritech Inc. v. Resh
Order
USSC Dec. 12, 2017
Koons v. U.S.
Order
USSC Dec. 12, 2017
Jackson v. Superior Court (People)
A defendant's release following a three-year involuntary commitment under Penal Code Section 1370 is not a categorical bar to new proceedings.
Criminal Law and Procedure CASC Dec. 12, 2017
People v. Rices
In automatic appeal from judgment of death, trial counsel's allegedly conflicted representation does not warrant reversal of murder convictions relating to liquor store robbery.
Criminal Law and Procedure CASC Dec. 12, 2017
People v. Nguyen
Pleading a prior serious felony conviction and three strikes law, without citing an enhancement statute, it is a prosecutor's 'discretionary charging decision' for sentencing purposes.
Criminal Law and Procedure 4DCA/2 Dec. 12, 2017
Roberts v. AT&T Mobility LLC
Order compelling arbitration affirmed over plaintiffs’ opposition on constitutional grounds where plaintiffs fail to show that defendant’s action is attributable to state.
Civil Procedure 9th Dec. 12, 2017
In re R.G.
Judgment declaring minor ward of court reversed and remanded where court reviews inadequate Welfare and Institutions Code Section 241.1 report.
Juveniles 4DCA/2 Dec. 12, 2017
Apple Inc. v. Superior Court (Santa Clara)
Following Delaware Supreme Court ruling, panel directs courts to assess demand futility analysis in relationship to corporate board in place at time of amended complaint, not at time original suit was filed.
Corporations 6DCA Dec. 12, 2017
People v. Shaw
Foil-lined bag used in stealing merchandise not considered 'burglary tool' within meaning of Penal Code warranting reversal of conviction for possession of burglary tools.
Criminal Law and Procedure 1DCA/1 Dec. 11, 2017
Epona LLC v. County of Ventura
It is unconstitutional to make protected freedoms contingent on the uncontrolled will of an official.
Constitutional Law 9th Dec. 8, 2017
Brown v. Cinemark USA Inc.
Order
9th Dec. 8, 2017