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
Matal v. Tam
Even under looser commercial-speech test, Disparagement clause violates First Amendment Free Speech Clause because it is not narrowly drawn to serve substantial governmental interest.
Administrative Agencies USSC Jun. 19, 2017
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
California lacks jurisdiction to preside over nonresidents' claims against Bristol-Myers over claims involving the drug Plavix.
Administrative Agencies USSC Jun. 19, 2017
Jenkins v. Hutton
Reversal required where Sixth Circuit is wrong to reach merits of habeas petitioner's claim challenging death sentence.
Administrative Agencies USSC Jun. 19, 2017
Milberg LLP v. Laber
Order
Jun. 19, 2017
People v. Brooks
Failure to instruct on independent felonious purpose rule is error but does not require reversal of death judgment given valid torture-murder special-circumstance finding.
Administrative Agencies CASC Jun. 19, 2017
U.S. v. Cervantes
Warrantless, suspicionless search of hotel room rented by defendant on 'mandatory supervision' does not violate Fourth Amendment, where such supervision is akin to parole.
Administrative Agencies 9th Jun. 19, 2017
Guido v. Mount Lemmon Fire District
Contrary to four other circuits' holdings, Age Discrimination in Employment Act applies to political subdivision of state, whether or not that subdivision, here a fire district, has 20 or more employees.
Administrative Agencies 9th Jun. 19, 2017
People v. Sivongxxay
On automatic appeal from judgment of death, defendant unsuccessful in challenging sentence based on invalid waiver of jury trial.
Administrative Agencies CASC Jun. 19, 2017
Zubillaga v. Allstate Indemnity Co.
Genuine dispute rule does not relieve insurer from its obligation to thoroughly and fairly investigate insured's claim, warranting reversal of summary judgment in insurer's favor.
Administrative Agencies 4DCA/3 Jun. 19, 2017
Kao v. Joy Holiday
Alien-employee, who worked for employer for a time without work permit, wins reversal of judgment in employer's favor on statutory wage claims.
Administrative Agencies 1DCA/3 Jun. 18, 2017
In Re J.R.
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Jun. 16, 2017
In Re J.H.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code § 1170.18)?
Jun. 16, 2017
Ryan v. Rosenfeld
Order denying motion to vacate final judgment is appealable even if it raises issues that could have been litigated via appeal of the judgment.
Administrative Agencies Jun. 16, 2017
McClain v. Sav-On Drugs
Can a purchaser of products allegedly exempt from sales tax but for which the retailer collected sales tax reimbursement bring an action to compel the retailer to seek a sales tax refund from the Franchise Tax Board and remit the proceeds to purchasers?
Jun. 16, 2017
People v. Pineda
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Jun. 16, 2017
People v. Rios
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Jun. 16, 2017
People v. Van Orden
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Jun. 16, 2017
People v. Vaughn
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Jun. 16, 2017
In Re C.W.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code § 1170.18)?
Jun. 16, 2017
In Re T.H.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code § 1170.18)?
Jun. 16, 2017
People v. Lopez
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)?
Jun. 16, 2017
People v. Miranda
Was the jury properly instructed on the "kill zone" theory of attempted murder?
Jun. 16, 2017
Dr. Leevil v. Westlake Health Care Center
Does Code of Civil Procedure section 1161a require a purchaser of real property at a foreclosure sale to perfect title before serving a three -day notice to quit on the occupant of the property?
Jun. 15, 2017
J.(K.) v. Los Angeles Unified School District
Does the Court of Appeal lack jurisdiction over an appeal from an order imposing sanctions on an attorney if the notice of appeal is brought in the name of the client rather than in the name of the attorney?
Jun. 15, 2017
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value.
Insurance Jun. 15, 2017
De La Torre v. Cashcall
Can the interest rate on consumer loans of $2,500 or more governed by California Finance Code section 22303 render the loans unconscionable under section 22302?
Jun. 15, 2017
Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road.
Real Property Jun. 15, 2017
Turner v. Wells Fargo N.A. (In re Turner)
Debtors' adversary proceeding properly dismissed where they failed to state a claim for wrongful foreclosure under California law.
Bankruptcy Jun. 15, 2017
U.S. v. Hernandez
Conviction for illegal transportation of firearms into defendant's state of residence reversed, where it is unclear whether jury actually found defendant willfully committed charged conduct.
Criminal Law and Procedure Jun. 15, 2017
Black Sky Capital LLC v. Cobb
Judgment entered in debtor's favor overturned where lienholder's claim for balance due on junior loan not barred by anti-deficiency statutes.
Real Property Jun. 14, 2017