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
Reed v. Lieurance
Volunteer for buffalo conservation organization may maintain civil rights action against state actors who prevented him from observing buffalo hazing in Yellowstone National Park.
Civil Rights 9th Jul. 25, 2017
ILWU v. ICTSI Oregon
Entry of partial final judgment under Federal Rule of Civil Procedure 54(b) and dismissal of antitrust counterclaim proper in maritime labor dispute.
Antitrust 9th Jul. 25, 2017
People v. DeLeon
Changes to parole revocation process brought on by Realignment Act does not abrogate need for preliminary hearing required under *Morrissey.*
Criminal Law and Procedure CASC Jul. 25, 2017
P. v. Estrada
Court may rely on ‘facts underlying previously dismissed counts’ when denying Prop 36 resentencing petitions.
Criminal Law and Procedure CASC Jul. 25, 2017
Alvarez v. Seaside Transportation Services LLC
The plaintiff bears the burden of showing the existence of a triable material fact where the 'Privette' doctrine presumption affects the burden of producing evidence pursuant to Evidence Code 603.
Civil Procedure California Courts of Appeal Jul. 24, 2017
People v. Bloomfield
Access card forgery is not eligible for Prop 47 relief where ‘access card forgery’ is not included in the ‘clear and unambiguous’ statutory language.
Criminal Law and Procedure California Courts of Appeal Jul. 24, 2017
Chugach Management Services v. Jetnil
The zone of special danger doctrine can apply to an employee working under a Defense Base Act contract in his or her home country.
Labor Law 9th Jul. 24, 2017
Sanjaa v. Sessions
Former law enforcement officer beaten for investigating drug ring that included parliamentarian's son does not qualify for asylum under CAT based on whistleblowing or persecution due to his status as a former officer
Immigration 9th Jul. 24, 2017
Cummings v. Dessel
Court’s incorrect judgment affirmed where appellant fails to show that ‘absent the error, the appellant would have obtained a more favorable result.’
Civil Procedure California Courts of Appeal Jul. 21, 2017
In re R.T.
Welfare and Institutions Code Section 300(b)(1) does not require parental negligence or fault before dependency court may assert jurisdiction.
Juveniles CASC Jul. 21, 2017
People v. Jones
Where exclusion of hearsay is error harmless beyond reasonable doubt, death penalty conviction upheld.
Criminal Law and Procedure Jul. 21, 2017
Martinez v. Sessions
Where the statutory definition of finality provides no conclusive answer, a Board of Immigration Appeals order is the final administrative order for the purposes of filing a petition for review where petitioner is subject to ‘conflicting and confusing ’ circumstances.
Administrative Agencies 9th Jul. 21, 2017
ZL Technologies v. Doe
Where libel plaintiff seeks anonymous defendant's identity from third-party review site, plaintiff must make a prima facie libel showing, and court must consider equitable factors, but no final balancing test is required.
Civil Procedure California Courts of Appeal Jul. 21, 2017
Demara v. The Raymond Corp.
Trial court’s erroneous summary judgment ruling overturned, allowing warehouse employee injured by special order forklift to pursue products liability claim against manufacturer.
Torts California Courts of Appeal Jul. 20, 2017
Modification: San Diego County Water Authority v. Metropolitan Water District of Southern California
'Wheeling' statutes allow water district to include system-wide transportation costs, including maintenance costs of aqueduct it does not own, in setting 'wheeling' rate.
California Courts of Appeal Jul. 20, 2017
People v. Roberts
Answers regarding gang affiliation elicited during arrest intake, prior to 'Miranda' warnings, may not be admitted to substantiate gang affiliation enhancement.
Criminal Law and Procedure California Courts of Appeal Jul. 20, 2017
County of Los Angeles v. Allegheny Casualty Company
A court issuing subsequent extension orders under Penal Code Section 1305 is limited to issuing those orders within 180 days from the initial extension order.
Criminal Law and Procedure California Courts of Appeal Jul. 20, 2017
Modification: Schep v. Capital One N.A.
Plaintiff does not state cause of action for slander of title based on trustee's recording of nonjudicial foreclosure documents because trustee's acts are privileged.
California Courts of Appeal Jul. 20, 2017
Bishop Paiute Tribe v. Inyo County
Tribe’s declaratory action regarding its right to conduct law enforcement on reservation properly before federal court and was, therefore, improperly dismissed on jurisdictional grounds.
Native American Affairs 9th Jul. 20, 2017
Harris v. Mangum
Court properly declined to evaluate pro se inmate’s competence where inmate had no interest in litigation that could have been protected by requested appointment.
Prisoners' Rights 9th Jul. 19, 2017
In re Pesticide Action North America
Order
9th Jul. 19, 2017
In re National Security Letter
National Security Letter law’s nondisclosure provision, which prohibits disclosure of receipt of such letter, does not violate recipient’s First Amendment rights.
Constitutional Law 9th Jul. 18, 2017
Swigart v. Bruno
Primary assumption of risk bars experienced horseback rider’s claims against fellow rider for injuries suffered during an organized endurance riding event.
Torts California Courts of Appeal Jul. 18, 2017
Lewis v. Superior Court
An invasion of privacy that is justified by competing interests does not violate the California State Constitution.
Constitutional Law CASC Jul. 18, 2017
Lehman v. Nelson
Award in ERISA dispute involving allegedly illegally withheld employer contributions overturned where complaint failed to give requisite notice under FRCP 8(a)(2).
Civil Procedure 9th Jul. 17, 2017
Lazar v. Kroncke
Plaintiff unsuccessful in challenging constitutionality of Arizona’s revocation-on-divorce statute as applied to proceeds of her ex-husband’s individual retirement account following his death.
Constitutional Law 9th Jul. 17, 2017
Alfaro v. Johnson
Habeas petitioner’s claim is barred where petitioner fails to exhaust available court remedies.
Civil Procedure 9th Jul. 17, 2017
Gerard v. Orange Coast Memorial Medical Center
Order
CASC Jul. 14, 2017
People v. Webb
Williamson rule inapplicable where violation of Section 530.5 cannot follow from violation of Section 148.9 and Vehicle Code Section 31; penalty assessments inapplicable to non-punitive fees; court must establish finding of defendant’s ability to pay attorney fees.
Criminal Law and Procedure California Courts of Appeal Jul. 14, 2017
United States v. Sierra Pacific Industries Inc.
Defendants not entitled to relief from judgment based on government’s fraud on court where alleged ‘trail of fraud’ was known prior to parties’ settlement.
Civil Procedure 9th Jul. 14, 2017