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
People v. Armogeda
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18, subdivision (d), upon resentencing under Proposition 47?
Dec. 10, 2015
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related.
Criminal Law and Procedure Dec. 10, 2015
Shapiro v. McManus
Petitioners' suit challenging Maryland's congressional redistricting should have been heard by three-judge panel; district court errs in dismissing action.
Constitutional Law Dec. 9, 2015
People v. Dealba
Offender who repeatedly rammed into victim's vehicle commits spousal battery through indirect touching where victim was forced to take defensive maneuvers to avoid losing control of vehicle.
Criminal Law and Procedure Dec. 9, 2015
In re Jackson
Bankruptcy court correctly overrules chapter 13 debtors' claim objection to IRS's amended proof of claim.
Bankruptcy Dec. 9, 2015
Palacio v. Jan & Gail's Care Homes
Denial of class certification proper where 24-hour residential care facility not required to inform employees they may revoke agreement requiring working on-duty meal periods.
Labor Law Dec. 9, 2015
People v. Johnson
Trial court must set hearing for defendant's motion for release of jurors' identifying information based on jury misconduct following erroneous appellate court ruling.
Criminal Law and Procedure Dec. 9, 2015
Hot Rods v. Northrop Grumman Systems Corp.
The general rule that indemnity applies to third party claims does not apply where the parties to a contract use the term to include both direct and third party liability.
Contracts Dec. 9, 2015
Mays v. Clark
Admission of inculpatory statements that violated defendant's 'Miranda' rights does not warrant habeas relief where error was not prejudicial.
Criminal Law and Procedure Dec. 9, 2015
Richey v. Dahne
Prison Litigation Reform Act does not bar prisoner from receiving in forma pauperis status on appeal of his third-strike dismissal.
Prisoners Rights Dec. 9, 2015
California Tow Truck Association v. City and County of San Francisco
Law requiring tow car firm applicants to include business plan does not fall under safety exception to Federal Aviation Administration Authorization Act and is thus preempted.
Municipal Law Dec. 9, 2015
People v. McGowan
Per Penal Code Section 991, arraigning court may dismiss individual charges from complaint, rather than all or none.
Criminal Law and Procedure Dec. 9, 2015
Great Oaks Water Co. v. Santa Clara Valley Water Dist.
On second rehearing, groundwater extraction fee is charge for water service and thus exempt from voter ratification under the California Constitution.
Taxation Dec. 9, 2015
K.P., a Minor
Compliance under Indian Children and Welfare Act is unnecessary after tribe disenrolled twins and determined them ineligible for membership.
Dependency Dec. 8, 2015
Kemper v. Co. of San Diego
Collateral estoppel bars parent's legal malpractice action when identical issue (causation) has already been litigated and decided in juvenile dependency action.
Juveniles Dec. 8, 2015
Lyall v. City of Los Angeles
Summary judgment in police's favor reversed where plaintiffs have standing with respect to warrantless-entry claims.
Civil Rights Dec. 8, 2015
Sjurset v. Button
Officers who removed children from father's custody as directed by Oregon Dept. of Human Services, but absent court order, qualify for immunity.
Civil Rights Dec. 8, 2015
U.S. v. James Lloyd
Head of Florida arm of unregistered security selling operation may not be made to pay restitution for harm caused by Los Angeles arm of group, absent greater evidence of concerted action.
Criminal Law and Procedure Dec. 8, 2015
People v. Tran
Postplea probation report may be considered when ruling on Cal. Penal Code Section 17(b) motion seeking to reduce felony to misdemeanor.
Criminal Law and Procedure Dec. 8, 2015
People v. Lexington National Insurance Co.
Surety entitled to vacate forfeiture of original bond after trial court unilaterally decided to increase criminal defendant's bail.
Criminal Law and Procedure Dec. 8, 2015
In re J.L.
Minor's burglary of cell phone out of school locker in violation of Cal. Penal Code Section 459 not eligible for Proposition 47 reclassification as shoplifting.
Criminal Law and Procedure Dec. 8, 2015
Catalina Island Yacht Club v. Superior Court (Beatty)
Trial court erroneously finds attorney-client privilege waiver based on deficiencies in responding party's privilege log.
Civil Procedure Dec. 8, 2015
France v. U.S.
Order
Dec. 8, 2015
Rounds v. Commissioner Social Security Administration
Discrepancies between vocational expert's testimony, Dictionary of Occupational titles, and determined residual functional capacity merit reconciliation in Supplemental Security Income claim.
Administrative Agencies Dec. 8, 2015
U.S. v. Gilbert
Federal prisoner's sentence amounts to final judgment that triggers limitations period for collateral attack although restitution was left unspecified.
Criminal Law and Procedure Dec. 8, 2015
People v. United States Fire Insurance Co.
Court erroneously calculates exoneration period by measuring extension from end of initial 185-day exoneration period instead of date of order granting extension motion.
Criminal Law and Procedure Dec. 7, 2015
Pacific Merchant Shipping Assn. v. Board of Pilot Com.
Fee award against pilots' port agent upheld where court properly determines plaintiff is prevailing party under the California Public Records Act.
Government Dec. 7, 2015
People v. Romanowski
Proposition 47 reduces theft of access card information under Cal. Penal Code Section 484e(d) to a misdemeanor, provided stolen property is valued less than $950.
Criminal Law and Procedure Dec. 7, 2015
People v. Gaines
Probation conditions forbidding 'dangerous drugs' and visits to stores where 'alcohol is the chief item of sale' are unconstitutionally vague.
Criminal Law and Procedure Dec. 7, 2015
People v. Denard
Burglar entitled to reduced sentence after trial court erroneously found Florida convictions constituted as strikes under California's Three Strikes law.
Criminal Law and Procedure Dec. 7, 2015